I am trying to figure out how to post a longer lasting internet version of board meeting, discipline, and other notes that seem to not last very long on the department's site.
Any ideas are welcome.
Don Morris
Friday, November 23, 2007
08-25-06
http://www.doh.state.fl.us/mqa/chiro/min1_08-25-06.pdf
DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE BOARD OF CHIROPRACTIC MEDICINE August 25, 2006 Orlando, Florida 8:30 a.m.
CALL TO ORDER:
The meeting was called to order by Chairman Salvatore LaRusso, D.C., at 8:31 a.m. Those present for all or part of the meeting included the following:
MEMBERS PRESENT: STAFF PRESENT:
Kenneth Dougherty, D.C. Mr. Joe Baker, Jr.
Salvatore LaRusso, D.C., Chairman Mrs. Vicki R. Grant
William Perman, D.C., Vice-Chairman
Ronald Wellikoff, D.C.
Trudi Vogel, D.C.
Vicki Kirby arrived at 8:45 a.m.
Linda Reynolds arrived at 8:45 a.m.
BOARD COUNSEL: PROSECUTOR:
Deborah Loucks, Assistant Attorney Tobey Schultz, Assistant General Counsel General Cynthia Jakeman, Assistant General Counsel
Court Reporting Services:
American Reporting (850) 421-0058
Mr. Baker provided appropriate instructions to initial licensees attending the board meeting in order to fulfill the 8-hour requirement.
Disciplinary Compliance Committee:
Gary Boraks, D.C. :
Dr. Boraks was present and sworn. Kevin Fogarty, D.C., was present as Dr. Boraks’ monitor.
Dr. Boraks was making his required appearance before the board.
He advised the board that he was doing well.
Dr. Boraks informed the board that because of the experience he had become a better chiropractor.
Dr. Fogarty informed the board that Dr. Boraks was progressing well and had been receptive to any comments and suggestions he had made throughout the process.
The board wished Dr. Boraks continued success.
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Stephen Steller, D.C.:
Dr. Steller was present and sworn.
Dr. Steller was before the board seeking review of his advertisements and termination from probation. He informed the board that since his appearance he had taken the suggestions made by the board and made changes in his advertisements.
He noted that he had paid all fines and costs and provided copies of all of his current advertisements.
Dr. Dougherty moved to terminate Dr. Steller’s probation. The motion was seconded,
and carried 5/0.
Consent Agreement:
Matthew Joseph Hill, D.C. – Case Number 05-69789:
Dr. Hill was present, sworn and represented by Gregory Chaires, Esquire.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Hill had violated Section 460.413(1)(d), Florida Statutes, by false, deceptive, or misleading advertising and Section 460.413(1)(ff), Florida Statutes, by deceptive and misleading advertising .
Ms. Jakeman advised the board that Dr. Hill shall receive a letter of concern; pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $1,134.64 payable within 12 months of the date of the final order; within one year of the date of the final order he shall complete 5 hours of continuing education, 2 of which must be in the area of laws and rules administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he must modify all of his current advertisements if feasible to comply with the board’s rules.
Mr. Chaires addressed the board on behalf of his client.
Dr. Hill informed the board that he took full and complete responsibility for the improper advertisements that caused the filing of the complaint. He advised that he would consult with his attorney on any advertisements in the future.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded,
and carried 5/0.
Motion for Determination of Waiver and Entry of Final Order Hearing (Default):
Louis Sokol, D.C. – Case Number 05-67290:
Dr. Sokol was neither present nor represented by counsel.
Mr. Schultz informed the board that Dr. Sokol had violated Section 460.413(1)(v), Florida Statutes, through the violation of a lawful order of the board.
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Mr. Schultz advised the board that Dr. Sokol had failed to file with the Department an Election of Rights form or any other responsive pleading.
Mr. Schultz provided a copy of the postal green card to the board.
Dr. Vogel moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 5/0.
Dr. Wellikoff moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 5/0.
Dr. Dougherty moved to revoke the license based upon the respondent’s prior disciplinary history. The motion was seconded, and carried 5/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $128.80. The motion was seconded, and carried 5/0.
Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):
David S. Chess, D.C. – Case Number 05-69882:
Dr. Chess was neither present nor represented by counsel.
Dr. Dougherty was recused due to participation on the probable cause panel.
Ms. Jakeman advised the board that Dr. Chess had violated Section 460.413(1)(ff), Florida
Statutes, by deceptive and misleading advertising (two counts).
Dr. Perman moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
Dr. Vogel moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
Dr. Wellikoff suggested a fine in the amount of $2,500 and requiring that Dr. Chess appear at the next meeting of the board at which time disciplinary provisions would be determined.
Dr. Chess announced his presence and was sworn in.
Ms. Loucks provided Dr. Chess with a brief explanation of what had transpired prior to his
appearance.
Dr. Chess addressed the board stating that there was an epidemic of improper advertising
violations.
Discussion ensued between the board members and Dr. Chess.
Dr. Chess provided the board members with a copy of his current advertisement.
Dr. Wellikoff moved to impose a fine of $2500 payable within six months; a letter of concern; and completion of 5 hours of continuing education in specific areas. The motion was seconded, and carried 6/0.
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Ms. Kirby moved to adopt the Motion to Assess Costs in the amount of $523.68, payable within six months. The motion was seconded, and carried 6/0.
Christopher Chicchetti, D.C. – Case Number 02-22541:
Dr. Chicchetti was present, sworn but was not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Chicchetti had violated Section 460.413(1)(k), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensee.
Ms. Loucks asked whether Dr. Chicchetti was currently represented by counsel.
Dr. Chicchetti informed the board that he was represented by counsel; however, he was not present and he would like to request that his counsel be present with him at the next meeting of the board.
Dr. Wellikoff moved to deny the motion for hearing before the Division of Administrative Hearings and continue the matter allowing Dr. Chicchetti to reappear before the board with his counsel. The motion was seconded, and carried 6/0.
Jonathan Urshan, D.C. – Case Number 06-02789:
Dr. Urshan was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Urshan had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which he or she is owner, in whole or in part, as a chiropractic institution and Section 460.413(1)(ff), Florida Statutes, by failing to include the required disclaimer language in an advertisement for free or discounted services.
Ms. Jakeman advised the board that Dr. Urshan shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $745.17 payable within 12 months; within one year from the date of the final order he shall complete 5 hours of continuing education, 2 of which must be in laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and to the extent possible he will modify his current advertisements to comply with the Board of Chiropractic Medicine.
Dr. Urshan had no comments for the board.
Members of the board addressed Dr. Urshan regarding improper advertising.
Dr. Urshan requested the board’s guidance in proper advertising.
Dr. LaRusso informed Dr. Urshan and the audience that the equipment in question is not FDA approved.
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Dr. Wellikoff and Dr. LaRusso informed Dr. Urshan and the audience that the information contained in the advertisement appeared to be scare tactics and facts stated that are inappropriate for dissemination to the public.
Dr. Urshan informed the board that the information disseminated was not written by the respondent but was prepared by others.
Discussion ensued.
Dr. Dougherty moved to accept the stipulation as presented. The motion was seconded, and carried 7/0.
Lonnie Meade, D.C. – Case Number 06-02395:
Dr. Meade was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Meade had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which she or he is owner, in whole or in part, as a chiropractic institution; and Section 460.413(1)(ff), Florida Statutes, by failing to include the required disclaimer language in an advertisement for free or discounted services.
Dr. Vogel moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 7/0.
Dr. Meade informed the board that he was not a partner with Dr. Urshan but a co-worker sharing the same office space. He further stated that he did not help in the purchase of the table in question and that his name had been included on the advertisements without his permission.
Dr. Wellikoff moved to dismiss the case. The motion was seconded, and carried 7/0.
Dr. LaRusso suggested that Dr. Meade might like to write an article to be published in the FCA and FSC journals regarding this experience.
The Department withdrew its Motion to Assess Costs.
Jason Orlando, D.C. – Case Number 05-67585:
Dr. Orlando was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Orlando had violated Section 460.413(1)(d), Florida
Statutes, by false, deceptive or misleading advertising.
Dr. Dougherty moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
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Dr. Orlando addressed the board stating that he was sorry.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
The Department provided recommendations to the board.
Dr. Wellikoff moved to require that a letter of concern be issued, payment of a fine in the amount of $2,500; 5 hours of continuing education, 2 of which must be in the area of laws and rules and modification of his advertisements. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $697.95. The motion was seconded, and carried 6/0.
David J. Otto, D.C. – Case Number 06-03346:
Dr. Otto was present, sworn but not represented by counsel.
Probable cause was waived in this case.
Ms. Jakeman informed the board that Dr. Otto had violated Section 460.413(1)(d), Florida
Statutes, by false, deceptive, or misleading advertising.
Dr. Dougherty moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 7/0.
Dr. Otto addressed the board. He stated that he would like to take board member’s continuing education classes based upon the extensive information provided. He stated that he was very sorry for the incorrect information provided.
Discussion ensued.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 7/0.
Dr. Dougherty moved to require that a letter of concern be issued, payment of a fine in the amount of $2,500 payable within 12 months; 5 hours of continuing education, 2 of which must be in the area of laws and rules and modification of his advertisements. The motion was seconded, and carried 7/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $1,101.87 payable within 12 months. The motion was seconded, and carried 7/0.
Paul Van Riper, D.C. – Case Number 02-22541:
Dr. Van Riper was neither present nor represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Van Riper had violated Section 460.413(1)(v), Florida
Statutes, by violating a lawful order of the board.
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Dr. Perman moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
The Department recommended a require a letter of concern, a fine in the amount of $1,000 and compliance with the prior final order within one year and 5 hours of continuing education.
Dr. Wellikoff moved to require a letter of concern, a fine in the amount of $1,000 to be paid within 60 days, compliance with the prior final order within one year and 5 hours of continuing education. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $275.33. The motion was seconded, and carried 6/0.
Voluntary Relinquishments:
Dr. Dougherty moved to accept the Voluntary Relinquishments of Rebecca Alonso, Isabel C. De La Paz, Eraicy Gonzalez, Ernesto Hernandez, Barbara Moreno, Johannes Ochoa and Yadaris Pacheco-Arilies. The motion was seconded, and carried 7/0.
James Martin, D.C – Case Number 02-19936:
Dr. Martin was not present, but was represented by Robert Zack, Esquire.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Martin had violated Sections 460.413(1)(m), (r), (n), (s)
and (ff), Florida Statutes, with respect to his care and treatment of a patient in which he utilized
Nutri-Scan, Plate Zapping and Ozone Therapy.
Mr. Schultz advised the board that Dr. Martin wished to Voluntarily Relinquish his license.
Mr. Zack informed the board that Dr. Martin waived confidentiality.
Mr. Zack stated that Dr. Martin was aware of the severity of the charges and was sorry that this
matter had occurred.
Discussion ensued.
Dr. Wellikoff was against the Voluntary Relinquishment and was in favor of revoking the license
based upon the implication that the term “relinquishment” implies.
Mr. Schultz informed the board that the Department had taken the action currently before the
board based upon the reasoning that it was the fastest means of protecting the public.
Dr. Dougherty moved to accept the Voluntary Relinquishment of License. The motion was seconded, and carried 7/0. Ms. Kirby moved to accept the Voluntary Relinquishments of Ivon Palenzuela, Nora Perez-Malpcia, Miriam Ruiz. Belkis Sori, and Estela Velzquez. The motion was seconded and carried 7/0.
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Yosaline Valedon, D.C. – Case Number 06-03615:
Dr. Valedon was neither present nor represented by counsel.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Valedon had violated Section 460.413(1)(v), Florida
Statutes, by violating a lawful order of the board.
Dr. Vogel moved to dismiss the case. The motion was seconded, and carried 7/0.
Discussion ensued.
Ms. Reynolds moved to vacate the previous final order of the board and dismiss the
initial administrative complaint. The motion was seconded, and carried 7/0.
Consent Agreements (Stipulations):
David J. Dorfman, D.C. – Case Numbers 05-58495 & 05-68510:
Dr. Dorfman was present and sworn, but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Ms. Jakeman informed the board that Dr. Dorfman had violated Section 460.413(1)(v), Florida Statutes, by violating a lawful order of the board (two counts).
Ms. Jakeman advised the board that Dr. Dorfman shall pay an administrative fine in the amount of $500 payable within 30 days of the date of the final order; costs in the amount of $615.09 payable within 30 days from the date of the final order; within one year from the date of the final order he shall complete 16 hours of continuing education provided by the Florida Chiropractic Association or the Florida Chiropractic Society, one hour in risk management, two hours in laws and rules, three hours in HIV/AIDS, and two hours in the area of medical error prevention and he shall receive a letter of concern.
Dr. Dorfman stated that this was an oversight on his part.
Discussion ensued regarding the fact that Dr. Dorfman had in fact completed 32 hours of continuing education.
Dr. Wellikoff suggested dismissing the case presently before the board and dismiss the administrative complaint previously issued in this matter.
Mr. Baker stated that he took exception to the statements being made against his staff accusing them of repeated failure to return telephone calls. He stated that his staff were professional and conducted themselves in a professional manner and returned calls expeditiously.
Dr. LaRusso informed Dr. Dorfman that the information he provided was outside of the continuing education audit period.
Dr. Wellikoff moved to reject the stipulation and dismiss the case before the board.
Ms. Loucks provided the audience information relative to the case before the board.
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The motion died for the lack of a second.
Dr. Vogel moved to adopt the stipulation as presented. The motion was seconded, and carried 5/1 with Dr. Wellikoff voting against the motion.
Alan Felker, D.C. – Case Number 05-62136:
Dr. Felker was present, sworn and represented by Henry Rubinstein, Esquire.
Mr. Schultz informed the board that this case had previously been presented to the board where a counter stipulation had been offered and the respondent declined the offer. Mr. Schultz stated that the Department did not like readdressing cases where actions of this nature had occurred. But, based upon previous actions of the board the Department would continue with the presentation of the proposed stipulation.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Felker had violated Section 460.413(1)(ff), Florida Statutes, by offering to pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
Mr. Schultz advised the board that Dr. Felker shall receive a reprimand, shall pay an administrative fine in the amount of $18,000 payable in quarterly payments over a period of two years; costs in the amount of $588.50 payable within two years; his license shall be suspended for a period of one year; however, the suspension shall be stayed provided the respondent remains in compliance; he shall he placed on probation for a period of two years with terms and conditions.
Mr. Rubinstein addressed the board on behalf of his client advising that the proposed stipulation was harsher than any of the other cases of similar violations previously presented to the board and requested that the board adopt the stipulation as presented.
Dr. Dougherty addressed Dr. Felker informing him that he had harmed the public.
Ms. Kirby voiced her strong concerns with the unacceptable behavior of Dr. Felker. She stated that the previous counter stipulation was more than fair.
Dr. Vogel informed the board and Dr. Felker that the board, in their previous counter stipulation offer, had worked hard to protect the public.
Dr. LaRusso stated that the major issue with the board’s counter stipulation was the suspension of licensure.
Mr. Rubinstein addressed the board stating that the monitoring as proposed in their counter stipulation was impossible to carry out as currently written because it would not be possible to find someone that could perform that type of monitoring and review.
Discussion ensued.
Ms. Kirby moved to reject the stipulation as presented. The motion was seconded, and carried 7/0.
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Dr. Dougherty moved to offer a counter stipulation that requires one year of suspension with the last six months stayed, two years of probation with terms and conditions to include a review of a minimum of 10 files or all of the personal injury files. Should there be less than 10 personal injury files, a review will be completed of all personal injury files and the remainder of other type filed to total a count of 10; a fine in the amount of $18,000 and costs in the amount of $2,557.15, paid in quarterly payments over a period of two years. The motion was seconded and carried 7/0.
Jill Denise Gerard, D.C. – Case Number 05-69855:
Dr. Gerard was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman advised the board that Dr. Gerard had violated Section 460.413(1)(d), Florida Statutes, by fraudulent, false, deceptive, or misleading advertising.
Ms. Jakeman informed the board that Dr. Gerard shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; pay costs in the amount of $539.95 payable within 12 months of the date of the final order; within 12 months of the date of the final order she shall attend 5 hours of continuing education, 2 of which must be in the area of laws and rules administered by the Florida Chiropractic Association or the Florida Chiropractic Society, and she must modify to the extent possible her current advertisements to comply with the rules of the board.
Dr. LaRusso informed the board that Dr. Gerard had previous disciplinary actions against her license.
Dr. Gerard addressed the board informing them that she was unfamiliar with the Florida laws and rules and that she took responsibility for the errors made in the advertisement.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded, and carried 7/0.
Michael Levine, D.C. – Case Number 01-17890:
Dr. Levine was present, sworn and represented by Henry Rubinstein, Esquire.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Levine had violated Section 460.413(1)(m), Florida Statutes, by failing to keep legibly written chiropractic records that identify clearly by name and credentials the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedures and that justify the course of treatment of the patient, including, but not limited to, patient histories, examination results, x-rays, and diagnosis of a disease or condition; Sections 460.413(1)(v) and (ff), Florida Statutes through a violation of the minimal standards for chiropractic record keeping; Section 460.413(1)(r), Florida Statutes, by failing to practice at a level of care, skill, and treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances and Section 460.413(1)(n), Florida Statutes, by exploiting a patient for financial gain.
Mr. Schultz advised the board that Dr. Levine shall receive a letter of concern; shall pay an administrative fine in the amount of $1,000 to be paid within one year from the date of the final
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order; shall pay costs in the amount of $5170.06 to be paid within one year from the date of the final order; within two years from the date of the final order he shall attend 8 hours of continuing education administered by the Florida Chiropractic Association or the Florida Chiropractic Society in the area of record keeping. His license shall be placed on probation for a period of one year with terms and conditions and dropping counts two and four of the administrative complaint.
Mr. Rubinstein addressed the board on behalf of his client.
Dr. Levine made a brief statement to the board stating that he was remorseful for the actions that brought him before the board.
Dr. Wellikoff addressed Dr. Levine regarding billing and coding charges.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded, and carried 6/0.
The board returned to the case of Dr. Jason Orlando. Dr. Wellikoff moved to allow the hours received at the August 2006 Florida Chiropractic Association Convention to be utilized to meet the continuing education credit hours required by the Final Order that will be issued as a result of this meeting. The motion was seconded, and carried 7/0.
Michael McGurn, D.C. – Case Number 05-70128:
Dr. McGurn was present, sworn but not represented by counsel.
Probable cause was waived in this case.
Ms. Jakeman advised the board that Dr. McGurn had violated Section 456.072(1)(w), Florida Statutes, by failing to report his plea to the board within 30 days and Section 456.072(1)(w), Florida Statutes, by failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.
Ms. Jakeman informed the board that Dr. McGurn shall pay an administrative fine in the amount of $1,000 payable within six months of the date of the final order; costs in the amount of $673.15 payable within six months of the date of the final order; within one year from the date of the final order he shall attend 5 hours of continuing education, 2 of which must be in the area of laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he shall receive a letter of concern.
Dr. McGurn addressed the board stating that he would like the board to adopt the stipulation.
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Dr. Vogel moved to accept the stipulation as presented. The motion was seconded, and carried 7/0.
Kevin Usry, D.C. – Case Number 05-60988:
Dr. Usry was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Usry had violated Section 460.413(1)(ff), Florida Statutes, by fraudulent, false, deceptive or misleading advertising; Section 460.413(1)(cc), Florida Statutes, by advertising any reduced or discounted fees for services or treatments, or advertising any free services or treatments, without prominently stating in the advertisement the usual fee of the licensee for the services or treatment which is the subject of the discount, rebate, or free offering.
Mr. Schultz advised the board that Dr. Usry shall receive a letter of concern; pay an administrative fine in the amount of $1,000 payable within six months of the date of the final order; pay costs in the amount of $612.99 payable within thirty days of the date of the final order and within one year of the date of the final order he shall attend 5 hours of continuing education administered by either the Florida Chiropractic Association or Florida Chiropractic Society in the area of laws and rules.
It was noted that Dr. Usry had prior discipline by the board.
Dr. Dougherty moved to reject the stipulation as presented. The motion was seconded, and carried 6/0.
Dr. Wellikoff moved to offer a counter stipulation to include all of the conditions included in the initial stipulation, raising the fine to $2500 fine and the 5 hours in continuing education will require 3 hours in laws and rules and 2 hours in record keeping. The motion was seconded, and carried 6/0.
Dr. Usry and the Department were in agreement with the counter stipulation.
Marquely Celestin, R.C.A. – Case Number 05-61177:
Mr. Celestin was present, sworn and represented by Kathryn Kasprzak, Esquire.
Dr. Dougherty was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Mr. Celestin had violated Section 460.413(1)(k) and (5), Florida Statutes, through false, misleading, deceptive or fraudulent representations in the practice of chiropractic medicine.
Mr. Schultz advised the board that Mr. Celestin shall receive a letter of concern; shall pay an administrative fine in the amount of $500 payable within 6 months of the date of the final order; costs in the amount of $517.66 payable within 30 days of the date of the final order; and agrees to refrain from using the title doctor or any derivations thereof in connection with his work as a registered chiropractic assistant.
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Ms. Kasprzak addressed the board on behalf of her client stating that he was from a foreign country and was not aware of the confusion it may cause should he be addressed as doctor when he is not in fact licensed in Florida.
Ms. Kirby voiced her opinion that the proposed stipulation was weak when considering the allegations.
Mr. Celestin provided the board with a brief description of his job duties and responsibilities.
Ms. Kirby moved to reject the stipulation. The motion was seconded and failed 3/3.
Dr. Wellikoff moved to adopt the stipulation as presented. The motion was seconded, and carried 5/1 with Ms. Kirby voting against the motion.
Philip Scuderi, D.C. – Case Number 05-57541:
Dr. Scuderi was present, sworn but not represented counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
It was noted that Dr. Scuderi failed to appear at the June 2006 meeting based upon not receiving appropriate notice of the meeting.
Mr. Schultz informed the board that Dr. Scuderi had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which she or he is owner, in whole or in part, as a chiropractic institution.
Mr. Schultz advised the board that Dr. Scuderi shall receive a letter of concern; he shall pay an administrative fine in the amount of $1,000 to be paid within six months of the date of the final order; he shall pay costs in the amount of $516.63 within thirty days of the date of the final order; and within one year from the date of the final order he shall complete 5 hours of continuing education administered by the Florida Chiropractic Association or Florida Chiropractic Society, 2 of which must be in the area of laws and rules.
Dr. Scuderi addressed the board providing them with a brief explanation of the incident that resulted in the charges against him.
Dr. Wellikoff moved to accept the stipulation as presented. The motion was seconded, and carried 6/0.
Jason Striedel, D.C. – Case Number 05-50811:
Dr. Striedel was present, sworn and represented by Jeffrey Thompson, Esquire.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Striedel had violated Section 460.413(1)(m), Florida Statutes, by failing to keep legibly written chiropractic medical reports; Section 460.413(1)(ff), Florida Statutes, through a violation of minimal standards for chiropractic record keeping and Section 460.413(1)(r), Florida Statutes, by failing to practice at a level of care, skill, and
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treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances.
Mr. Schultz advised the board that Dr. Striedel shall receive a letter of concern, shall pay an administrative fine in the amount of $1,000 to be payable within one year from the date of the final order; shall pay costs in the amount of $3096.05 to be payable within one year from the date of the final order; he shall within one year from the date of the final order attend 10 hours of continuing education administered by either the Florida Chiropractic Association or Florida Chiropractic Society in the areas of documentation care and coding, ethics and the prevention of medical errors, CPT coding and medical necessity; his license shall be placed on probation for a period of one year with terms and conditions.
Dr. LaRusso inquired as to whether or not appropriate trust accounting procedures were utilized. Dr. Striedel commented to the board that refunds had been done.
Discussion ensued.
Mr. Thompson also commented on behalf of his client to clarify what had been done.
Discussion continued.
Dr. Dougherty moved to accept the stipulation as presented. The motion was seconded, and carried 6/0.
Wayne Swanson, D.C. – Case Number 05-61472
Dr. Swanson was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Swanson had violated Section 460.413(1)(ff), Florida Statutes, by failing to maintain legibly medical records that contained sufficient information to identify the patient, support the diagnosis, justify the treatment and document the course and results of the treatment accurately, Section 460.413(1)(r), Florida Statures, by failing to practice chiropractic medicine at a level of care, skill and safety and 460.411(1)(b), Florida Statutes, by using or attempting to use a license to practice which has been suspended or revoked.
Mr. Schultz advised the board that Dr. Swanson shall receive a letter of concern; shall pay an administrative fine in the amount of $1,000 payable within 30 days of the date of the final order; costs in the amount of $2,936.73 payable within 30 days of the date of the final order; shall be placed on probation for a period of one year with terms and conditions and he shall within one year from the date of the final order complete 10 hours of continuing education, 2 of which must be in the area of record keeping, four in the area of nutritional counseling. The continuing education must be sponsored by either the Florida Chiropractic Association or the Florida Chiropractic Society.
It was noted that Dr. Swanson had two prior disciplinary cases.
Dr. Wellikoff moved to reject the stipulation. The motion was seconded, and carried 6/0.
Dr. Swanson addressed the board and provided additional records of other patients where he referred cases to other physicians.
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Discussion ensued.
Ms. Lindia Lee, the Office Manager for Dr. Swanson, addressed the board. She provided the board with a brief description of the incident in question. She stated that the mother of the child in question informed them that the child had drunk three Mountain Dews prior to the visit. She provided additional details for the board’s consideration.
Discussion ensued regarding the amount of the proposed fine.
Dr. LaRusso moved to require a letter of concern, a fine in the amount of $2,500 payable over a period of one year in quarterly installments; costs in the amount of $2,936.73 payable over a period of one year in quarterly installments; probation for a period of one year with monitoring where a review of 3 files will be conducted on a monthly basis for a period of six months and bi-monthly until the completion of the period of probation with a review of 5 files; continuing education in 2 hours in ethics and 2 hours in laws and rules and the remainder in recording keeping and document coding, he must appear at the end of probation. All other conditions contained in the proposed stipulation. The motion was seconded, and carried 6/0.
Dr. Swanson and the Department were in agreement with the counter stipulation.
John R. Timko, D.C. – Case Number 05-69875:
Dr. Timko was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Timko had violated Section 460.413(1)(ff), Florida Statutes, by deceptive and misleading advertising (two counts).
Ms. Jakeman advised the board that Dr. Timko shall receive a letter of concern; pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; pay costs in the amount of $778.71 to be paid within 12 months from the date of the final order; attend 5 hours of continuing education, 2 of which must be in the area of laws, and rules, sponsored by the Florida Chiropractic Association or the Florida Chiropractic Society and to the extent possible he will modify his current advertisements to comply with the board’s rules.
Ms. Kirby moved to accept the stipulation. The motion was seconded, and carried 7/0.
Motion for final order by Stipulation – continued:
Stephen W. Hayman, D.C. – Case Number 05-69941:
Dr. Hayman was present, sworn but was not represented by counsel.
Dr. Dougherty was recused due to participation on the probable cause panel.
Ms. Jakeman informed the board that Dr. Hayman violated Section 460.413(1)(d), Florida Statutes, for false, deceptive, or misleading advertising (two counts).
Ms. Jakeman advised the board that Dr. Hayman shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $1,015.92 payable within 12 months from the date of the final
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order; within one year from the date of the final order he shall complete 5 hours continuing education, 2 of which must be in the area of laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he shall to the extent possible modify current advertisements to comply with the Board of Chiropractic Medicine.
Dr. Hayman addressed the board apologizing for having to appear before the board.
Ms. Kirby moved to adopt the stipulation as presented. The motion was seconded, and carried 6/0.
Recommended Order – DOH vs. James Hether, D.C. – Case Number 06-0664PL:
Dr. Hether was present and represented by Michael R. D’Lugo, Esquire.
Dr. Vogel was recused due to participation on the probable cause panel.
Ms. Loucks informed the board that on October 12, 2005 the Board filed an administrative complaint against Dr. Hether for a violation of Sections 460.413(1)(ff) and (u), Florida Statutes. Dr. Hether requested an administrative hearing on February 17, 2006 and a hearing was scheduled. She noted that exceptions had been filed in this case.
Mr. Schultz informed the board that a hearing was held on April 20, 2006 before the Administrative Law Judge (ALJ). It was the recommendation of the ALJ that Dr. Hether receive a reprimand; pay an administrative fine in the amount of $2,500; undergo a Professional Resource Network psychological evaluation; and be placed on probation for a period of two years with terms including a practice restriction prohibiting him from treating female patients without another certified health care professional in the room.
Mr. D’Lugo addressed the board regarding his exceptions to the Recommended Order.
Mr. D’Lugo stated that he had filed eight exceptions, which he presented to the board.
Mr. D’Lugo stated that the testimony of the complainant was questionable based on the five different versions of the testimony offered and numerous deviations within the five testimonies regarding several areas. Therefore, the Department did not provide clear and convincing evidence that the allegations as charged, actually took place.
Mr. D’Lugo stated that the case before the board was a credibility case, the complainant versus Dr. Hether.
Mr. D’Lugo informed the board that the board should reject the recommendation of the ALJ based upon his having ignored key information, the lack of clear and convincing evidence.
Mr. Schultz stated that the respondent took exception to the entire recommended order.
Ms. Loucks provided the board with direction in handing the exceptions.
Paragraph 4 of the Recommended Order regarding findings of fact by the ALJ should have included the respondent’s wife as being present on the date of the violation.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
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Paragraph 6 of the Recommended Order addressed the massage provided by the respondent.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 7 of the Recommended Order additionally addresses the massage provided by the respondent.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 8 of the Recommended Order addressed the interruption of the massage by the son.
Ms. Reynolds moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 11 of the Recommended Order addresses the patient’s failure to talk to anyone else in the respondent’s office about the violation.
Dr. Perman moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 12 of the Recommended Order addresses the lack of clear and convincing evidence.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 8/0/
Paragraph 21 of the Recommended Order addressed evidentiary evidence.
Dr. Dougherty moved to deny. The motion was seconded, and carried 6/0.
Ms. Kirby moved to adopt the recommendation of the Administrative Law Judge with the addition of 5 hours of continuing education in the area of boundaries and ethics based upon the findings of the ALJ; additionally he must abide by the PRN or the successor agency treatment recommendations, the probation shall contain the tolling provision with an appearance prior to the termination of probation; the certified health professional must be a licensed health care professional; the fine must be paid within six months of the date of the final order. The motion was seconded, and carried 6/0.
Ms. Kirby moved to assess costs in the amount of $2,713.52. The motion was seconded, and carried 6/0.
Prosecution Report:
Mr. Schultz provided a brief caseload report indicating a 250% rise.
Mr. Schultz suggested a pre-screening of chiropractic advertisements. He requested statutory
language regarding the laser hair removal.
Mr. Robert Mundy of the Department of Health’s Unlicensed Activity Office addressed the board
regarding chiropractors use of IPL and laser devices for the permanent removal of hair.
Mr. Mundy requested that the board consider adopting rules regarding this issue.
Dr. Dougherty addressed the board stating that the statute allows licensees to perform many
things as long as they are taught in a chiropractic college at the undergraduate level.
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A licensed medical physician, addressed the board stating that he worked with Dr. Mike Shafer. He stated that the course that was currently being taught was for the use of laser for hair removal and not carpal tunnel syndrome. He stated that maybe a certification program could be the safety net to ensure proper training and treatment technique.
Dr. Vogel informed the board that she had previously brought this matter to the board and that Dr. True had appeared before the board and informed them that the laser treatment therapy that he was teaching was for therapeutic treatment and not hair removal.
Mr. Paul Lambert, General Counsel of the Florida Chiropractic Association, addressed the board regarding the teaching of laser hair removal. He read specific language from Chapter 460, Florida Statutes. He stated that the question was “what was a laser?” Is the removal of hair considered treatment of the human body? If the answer to the question was yes, it could then be considered the practice of chiropractic medicine.
Ms. Loucks stated that the board should not make general statements about the use of laser hair removal. She reminded the board and audience that the laser hair removal is under the scope of practice for the Council on Electrolysis.
Mr. Lambert suggested a general workshop to discuss this matter.
Mr. Baker advised the board that the Department Prosecution and Unlicensed Activity Office needed the board’s direction on how to handle this matter.
Several members of the board stated that they believed that the practice fell within the scope of chiropractic medicine but there should be strict training and education guidelines.
Dr. Vogel stated that she did not think that laser hair removal was considered the practice of chiropractic medicine.
Dr. Wellikoff stated that he would like to receive more information before determining if it was within the scope of practice.
Ms. Kirby stated that she did not believe it was within the scope of practice.
Dr. Perman stated that it might be within the scope of practice.
Ms. Reynolds stated that she needed additional information.
Dr. LaRusso stated that he did not believe it was within the scope of chiropractic medicine.
It was determined that more information would be required and the item will be placed on the agenda for the November 2006 meeting.
Approval of Minutes:
Approval of June 29, Rules Workshop Minutes:
Dr. Dougherty moved to approve the minutes as presented. The motion was seconded, and carried 7/0.
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Approval of June 30, 2006 Full Board Minutes:
Dr. Dougherty moved to approve the minutes as presented. The motion was seconded, and carried 7/0.
Recertification of 100 Hour Acupuncture Certification Course offered by International Academy of Medical Acupuncture (IAMA):
Thomas Ventimiglia was not present.
Ms. Grant advised the board that the course was before the board for reconsideration of approval on the basis that the course content and structure had been changed without the board and staff’s prior knowledge. She informed the board that the course now allows for 60 hours of on-line instruction and 45 hours of face-to-face instruction.
It was determined that the course was not in compliance.
Dr. LaRusso moved to issue a Notice of Intent to deny approval. The motion was seconded, and carried 7/0.
Dr. LaRusso moved to deny any applicants who did not complete the course as previously approved. The motion was seconded, and carried 6/1 with Dr. Wellikoff voting against the motion.
Correspondence:
William W. Atherton, D.C., DACBR:
In correspondence dated June 29, 2006, Dr. Atherton advised the board that the American College of Radiology (ACR) was attempting to monopolize the imaging centers through their ACR certification process, which many of the insurance companies now require. He advised that many imaging centers are becoming ACR accredited.
Dr. Atherton noted that the problems arise because ACR requires all radiologists to be ACR members in order for the imaging centers to be accredited and ACR will not allow chiropractic physicians to be members. Therefore, the chiropractic radiologists are limited from working at MRI-Diagnostic centers, if the centers wish to be ACR certified.
Arthur C. Croft, D.C. – Spine Research Institute:
Provided for the board’s information only.
Chairman/Vice-Chairman Reports: 2007 Meeting Dates:
The following meeting dates were approved by the board.
January 26, 2007 April 6, 2007 June 8, 2007 August 24, 2007
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November 2, 2007
Future Agenda Items:
Laser hair removal
EXECUTIVE DIRECTOR’S REPORT:
Planning for National Chiropractic Month in October:
Information only.
Attorney General’s Hours by Profession:
Mr. Baker advised the board that their agenda materials contained the Attorney General’s Hours for the fiscal years 05-06 by profession. He noted that there were a total of 815.1 hours reported for the Board of Chiropractic Medicine.
FCLB District III & V Regional Meeting – October 5 – 8, 2006 – Myrtle Beach, SC:
It was determined that Dr. LaRusso and Dr. Dougherty would attend the regional meeting.
Voluntary Relinquishment Statement:
Mr. Baker advised the board that additional language had been added to all future renewal notices that will allow the licensees the choice of voluntarily relinquishing their licenses rather than renewing or placing their licenses in an inactive or retired status.
Mr. Baker informed the board that he and Dr. LaRusso held an informal forum at the FCS convention and that he and Ms. Grant would be present for the open forum later during the FCA convention.
Mr. Baker informed the board that Ms. Grant had completed 30 years of service with the State.
BOARD COUNSEL REPORT:
Ms. Loucks provide the board with a rule’s status report.
Committee Reports: Budget Committee:
Ms. Reynolds informed the board that their agendas contained the Cash Balance Report, Total Expenditures (Direct and Allocated), and Allocations to Board by Source and Expenditures by Function for the period ending June 30, 2006. She advised the board that she would also be attending the Budget Liaison Meeting in Tallahassee on September 12, 2006.
Certified Chiropractic Physician’s Assistant:
RATIFICATION OF CERTIFIED CHIROPRACTIC PHYSICIAN’S ASSISTANTS:
Ms. Kirby moved to approve Joyce Woodham and Jorge Iglesias for licensure as
certified chiropractic physician’s assistants. The motion was seconded, and carried 7/0.
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Hermann J. Diehl, D.C., and Raynell Quiriello CCPA – application withdrawn: Aura Toval, D.C. and Raynell Quiriello, CCPA:
Dr. Toval and Mr. Quiriello were present.
Dr. LaRusso informed the board that he conducted an interview of August 7, 2006 and both the applicant and the supervisor participated. He stated that the intent of the application was to allow Mr. Quiriello to see patients at a practice that he owns and staffs with health care providers. While Dr. Toval has her own practice, she wanted to travel to the clinic owned by Mr. Quiriello to see patients two days per week and allow Mr. Quiriello to treat patients in his own clinic under her indirect supervision.
Discussion ensued. It was now determined that Mr. Quiriello will come to Dr. Toval’s primary practice location.
Dr. Wellikoff moved to approve the application for modification of supervision based upon the fact that Mr. Quiriello will be practicing at Dr. Toval’s primary practice location. The motion was seconded, and carried 6/1 with Ms. Kirby voting against the motion.
Stuart Lee Sherman, D.C. and Maggie Leon, CCPA - withdrawn:
John K. Lenihan, D.C. and Isys Rachel Levy, CCPA:
The matter was tabled until a revised application is received.
Tamer A. Sabry, D.C. and Raquel E. Siscar, CCPA - withdrawn:
Continuing Education Committee:
Rick Warner, D.C. – On-line Continuing Education:
Dr. Warner was present and addressed the board.
Dr. Warner introduced Mr. Steve Miller an undergraduate student planning to attend chiropractic college who addressed the board regarding on-line continuing education.
Mr. Miller informed the board that security measures were in place to ensure that the chiropractor was actually completing the course and not another individual.
Discussion ensued.
Mr. Paul Lambert addressed the board regarding the State Motor Vehicle Division regarding the courses given for driver safety. He noted that the pilot was not a success based upon the amount of fraud exhibited.
Dr. LaRusso read to the board members the minutes from the board meeting at which this issue was initially raised by Dr. Warner.
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Dr. DiDonato addressed the board regarding the on-line education. He stated that he was in favor of on-line continuing education. He stated that his experience in this area had been a positive experience and a service to the chiropractic licensees.
Dr. LaRusso advised Dr. Warner to get a program together for the board’s review for the next available agenda.
New York Chiropractic College – Patient Communication:
Dr. Dougherty moved to deny the course on the basis that the instructor does not meet the requirements of Rule 64B2-13.004 (3)(D), F.A.C. and, the course does not meet the requirement for a risk management course as required by 64B2-13.004(3)(B), F.A.C. The motion was seconded, and carried 7/0.
Disciplinary Compliance Committee:
Dr. Wellikoff advised the board that the probationary report for the month of June 2006 was included in the agenda materials for the board’s information.
Charles Halley, D.C.:
Dr. Halley was present.
Dr. Halley appeared before the board requesting early termination of his probation.
Included in the board’s agenda materials was a letter from the Professionals Resource Network informing the Board that Dr. Halley had successfully completed the program and was in complete compliance with all requirements of his monitoring/advocacy contract.
Dr. Dougherty moved to terminate probation. The motion was seconded, and carried 7/0. Stephen Wolff, D.C.:
Dr. Wolff was present, and Dr. Wellikoff was present as his monitor.
Dr. Wellikoff was recused from voting and addressed the board on behalf of Dr. Wolff.
He stated that Dr. Wolff had been doing very well but has recently become ill. Dr. Wellikoff
recommended early termination of his probation..
Ms. Reynolds moved to terminate probation. The motion was seconded, and carried 6/0.
Dr. Wellikoff addressed the board regarding the inability of monitors to perform a thorough review process. He requested that the board allow him to draft a monitoring protocol. He noted that he had discussed with Ms. Janie Shingles at the Department. The board requested that he prepare language to be presented at the next meeting.
Examination Committee:
Update April 2006 Board Meeting, Examiner and Consultant Contracts:
Ms. Cassandra McManus of the Examination Services Unit addressed the board through memorandum regarding the Indemnification Clause contained in the Examiner and Consultants Agreements. She stated that the provision protects the State of Florida from any legal action by
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any examiner and/or consultant and is included in all State of Florida contracts and agreements. She further noted that if an examination practice or outcome is challenged through a petition for hearing, DOH is responsible for the defense against the challenge. The Examiners and/or Examination Consultant may be called as an expert witness in the defense of the challenge.
Ms. McManus advised that if other legal action is taken by an outside party on the Examiner and/or Examination Consultant, the state is not responsible for the defense of this individual.
Update on Chiropractic Examination:
Dr. Eunice Filar, Psychometrician with the Examination Services Unit, advised the board through memorandum that there are security policies and procedures developed by Testing Services regarding discussion of confidential and non-confidential examination information. She stated that the secured items are: Examination questions, answers, booklets, videotapes, standardization discussions, number of questions in the item bank, examination development strategies, the list of examiners, the number of forms of CBT examinations, the examination security strategies and the candidate scores.
Dr. Filar requested that the board members not discuss the secure information during board meetings or with others.
Legislative Committee:
Discussion of 2007 Legislative Issues:
Dr. Dougherty addressed the board regarding PIP, which will sunset the following year. He noted that there was a lot of positioning by the insurance industry attempting to get the public’s attention. He noted that the FCA would be providing an in-depth update during the convention.
The board requested that Dr. Dougherty request the FCA to back the clinic ownership issue.
Probable Cause Panel:
The monthly statistics were provided for the board’s information.
Implementation of HB 587 – Draft Rule Text:
64B2-16.005 False, Misleading, and Deceptive Representations in the Practice:
(1)
No change.
(2)
No change.
(3)
All chiropractic physicians shall identify themselves by posting a current photograph of the chiropractic physician that is clearly visible which specifically identifies the physician by name and by status as a “chiropractic physician.”
Rule 64B2-18.007 Method of Performance
(1)
All certified chiropractic physician assistants shall identify themselves by wearing a type of identification badge that is clearly visible which specifically identifies the employee by name and by status as a “certified chiropractic physician assistant,”.
(2)
No change.
After review and discussion, the above proposed rule language was not adopted by the board.
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Citation proposal:
The board determined that failure to properly identify themselves will initiate a citation offense against the physician as follows:
1st offense for failure to identify will be $500.
Rules Committee:
64B2-11.001 Application for Licensure Examination.
(1)
No change.. (2)No change.
(3)
In order that the Board may timely certify to the Department of Health those applicants eligible to take the examination, all applications, fees and all supporting documentation including transcripts, NBCE examination results, fingerprint card, licensure verifications and any other documentation, must be on file with the Board no later than March 1st of each year for those candidates applying for the May Examination and September 1st for the November Examination. All applications, fees and supporting documents must be on file with the Board no later than September 1st of each year for those candidates applying for the November Examination.
64B2-13.004 Continuing Education.
(1)
No change.
(2)
Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable.
(3)
No change.
(4)
When attending an approved course, a licensee must provide a photo identification and sign in and out each time they enter or exit the meeting site in and out of the meeting room attendance must be certified by the course’s registrar and submitted to the Board as verification.
(5)
– (13) No change.
Discussion ensued.
Dr. Michael Schreeve addressed the board explaining the Palmer College method of compliance with continuing education courses.
After discussion, it was determined that these two rules would move forward as written.
64B2-17.003 Acupuncture.
No action taken at this time.
64B2-18.001 Definitions.
(1)
– (4) No change
(4)
The term “supervising physician” as herein used means any licensed chiropractic physician or group of physicians who is approved and certified by the Board to provide supervision for the certified chiropractic physician’s assistant and/or registered chiropractic assistant, and who assumes legal liability for the services rendered by such assistants. An approved chiropractic physician or group of physicians may supervise more than one certified chiropractic physician’s assistant at a ratio no greater than 2 certified chiropractic physician’s assistant to one chiropractic physician.
(5)
– (8) No change.
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(9)
“Indirect supervision” means responsible supervision and control by the supervising physician only in practices owned wholly by the supervising physician or in compliance with Agency for Health Care Administration Clinic Exemption Regulation. Indirect supervision shall require the “easy availability” or physical presence of the licensed chiropractic physician for consultation and direction of the actions of the certified chiropractic physician’s assistant. “Easy availability” means the supervising physician must be in a location to enable him to be physically present with the certified chiropractic physician’s assistant within at least thirty minutes and must be available to the certified chiropractic physician’s assistant when needed for consultation and advice either in person or by communication devices, such as telephone, two-way radio, medical beeper or other electronic means.
Discussion ensued.
Ms. Loucks read into the record proposed language that Mr. Paul Lambert had provided to her before the board meeting.
The board was in agreement with Mr. Lambert’s proposal.
Ms. Loucks will revise and provide language to Dr. LaRusso for approval.
64B2-18.002 Application for Certification as a Chiropractic Physician’s Assistant
(1)
Any person desiring to be certified as a chiropractic physician’s assistant shall file an application with the Department on forms provided by the Board.
(2)
The application shall be completed in every detail.
(3)
As part of the application process, the Board shall interview the supervising chiropractic physician and the certified chiropractic physician applicant about the work arrangement proposed in the application.
(4)
Applicants may qualify for certification as a chiropractic physician’s assistant by either:
(a)
Successfully completing a program approved pursuant to subsection 64B2-18.003(2), F.A.C., for the education and training of certified chiropractic physician’s assistants, or
(b)
Graduating from a chiropractic college which is accredited by, or has status with the Council on Chiropractic Education or its predecessor agency, provided that the applicant has never had a license to practice as a chiropractic physician subject to disciplinary action in this or any other jurisdiction.
(5)
The application shall be accompanied by a diploma or similar certificate evidencing successful completion of one (1) of the types of education and training programs referred to in subsection 64B2-18.002(3), F.A.C. Successful completion is deemed to mean obtaining a raw score of seventy-five percent (75%) on a comprehensive examination covering the entire education and training program.
(6)
In addition to the general certification as an assistant, an applicant may be certified in one
(1)
or more specialty areas created by the Board if he or she demonstrates his or her satisfactory completion of education and training in the one (1) or more specialty areas.
(7)
Upon approval of an application for certification in a specialty area the applicant shall be charged a fifty dollar ($50.00) certification fee for the first biennium. The biennial renewal fee for each subsequent biennial shall be fifty dollars ($50.00).
64B2-18.005 Certification of Supervising Physicians
(1)
Any chiropractic physician desiring to supervise, employ or work with a certified chiropractic physician’s assistant shall make application to the Board on forms provided by the Board.
(2)
As part of the application process, the Board shall interview the supervising chiropractic physician and the certified chiropractic physician assistant about the work arrangement proposed in the application.
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(3)
Upon approval of an application, the Board shall certify the physician or group of physicians to supervise a certified physician’s assistant.
(4)
Certifications to supervise assistants shall remain valid for one (1) year and must be renewed annually.
(5)
A fee of one hundred dollars ($100.00) shall accompany the initial application and annual application by a chiropractic physician or group of chiropractic physicians for authorization to supervise a certified chiropractic physician’s assistant.
Dr. LaRusso moved to approve the proposed language. The motion was seconded, and carried 7/0.
Unlicensed Activity:
No report.
Chiropractic Awareness Public Service Campaign:
Information only.
There being no further business to come before the board, the meeting adjourned at 6:05 p.m.
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DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE BOARD OF CHIROPRACTIC MEDICINE August 25, 2006 Orlando, Florida 8:30 a.m.
CALL TO ORDER:
The meeting was called to order by Chairman Salvatore LaRusso, D.C., at 8:31 a.m. Those present for all or part of the meeting included the following:
MEMBERS PRESENT: STAFF PRESENT:
Kenneth Dougherty, D.C. Mr. Joe Baker, Jr.
Salvatore LaRusso, D.C., Chairman Mrs. Vicki R. Grant
William Perman, D.C., Vice-Chairman
Ronald Wellikoff, D.C.
Trudi Vogel, D.C.
Vicki Kirby arrived at 8:45 a.m.
Linda Reynolds arrived at 8:45 a.m.
BOARD COUNSEL: PROSECUTOR:
Deborah Loucks, Assistant Attorney Tobey Schultz, Assistant General Counsel General Cynthia Jakeman, Assistant General Counsel
Court Reporting Services:
American Reporting (850) 421-0058
Mr. Baker provided appropriate instructions to initial licensees attending the board meeting in order to fulfill the 8-hour requirement.
Disciplinary Compliance Committee:
Gary Boraks, D.C. :
Dr. Boraks was present and sworn. Kevin Fogarty, D.C., was present as Dr. Boraks’ monitor.
Dr. Boraks was making his required appearance before the board.
He advised the board that he was doing well.
Dr. Boraks informed the board that because of the experience he had become a better chiropractor.
Dr. Fogarty informed the board that Dr. Boraks was progressing well and had been receptive to any comments and suggestions he had made throughout the process.
The board wished Dr. Boraks continued success.
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Stephen Steller, D.C.:
Dr. Steller was present and sworn.
Dr. Steller was before the board seeking review of his advertisements and termination from probation. He informed the board that since his appearance he had taken the suggestions made by the board and made changes in his advertisements.
He noted that he had paid all fines and costs and provided copies of all of his current advertisements.
Dr. Dougherty moved to terminate Dr. Steller’s probation. The motion was seconded,
and carried 5/0.
Consent Agreement:
Matthew Joseph Hill, D.C. – Case Number 05-69789:
Dr. Hill was present, sworn and represented by Gregory Chaires, Esquire.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Hill had violated Section 460.413(1)(d), Florida Statutes, by false, deceptive, or misleading advertising and Section 460.413(1)(ff), Florida Statutes, by deceptive and misleading advertising .
Ms. Jakeman advised the board that Dr. Hill shall receive a letter of concern; pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $1,134.64 payable within 12 months of the date of the final order; within one year of the date of the final order he shall complete 5 hours of continuing education, 2 of which must be in the area of laws and rules administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he must modify all of his current advertisements if feasible to comply with the board’s rules.
Mr. Chaires addressed the board on behalf of his client.
Dr. Hill informed the board that he took full and complete responsibility for the improper advertisements that caused the filing of the complaint. He advised that he would consult with his attorney on any advertisements in the future.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded,
and carried 5/0.
Motion for Determination of Waiver and Entry of Final Order Hearing (Default):
Louis Sokol, D.C. – Case Number 05-67290:
Dr. Sokol was neither present nor represented by counsel.
Mr. Schultz informed the board that Dr. Sokol had violated Section 460.413(1)(v), Florida Statutes, through the violation of a lawful order of the board.
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Mr. Schultz advised the board that Dr. Sokol had failed to file with the Department an Election of Rights form or any other responsive pleading.
Mr. Schultz provided a copy of the postal green card to the board.
Dr. Vogel moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 5/0.
Dr. Wellikoff moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 5/0.
Dr. Dougherty moved to revoke the license based upon the respondent’s prior disciplinary history. The motion was seconded, and carried 5/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $128.80. The motion was seconded, and carried 5/0.
Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):
David S. Chess, D.C. – Case Number 05-69882:
Dr. Chess was neither present nor represented by counsel.
Dr. Dougherty was recused due to participation on the probable cause panel.
Ms. Jakeman advised the board that Dr. Chess had violated Section 460.413(1)(ff), Florida
Statutes, by deceptive and misleading advertising (two counts).
Dr. Perman moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
Dr. Vogel moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
Dr. Wellikoff suggested a fine in the amount of $2,500 and requiring that Dr. Chess appear at the next meeting of the board at which time disciplinary provisions would be determined.
Dr. Chess announced his presence and was sworn in.
Ms. Loucks provided Dr. Chess with a brief explanation of what had transpired prior to his
appearance.
Dr. Chess addressed the board stating that there was an epidemic of improper advertising
violations.
Discussion ensued between the board members and Dr. Chess.
Dr. Chess provided the board members with a copy of his current advertisement.
Dr. Wellikoff moved to impose a fine of $2500 payable within six months; a letter of concern; and completion of 5 hours of continuing education in specific areas. The motion was seconded, and carried 6/0.
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Ms. Kirby moved to adopt the Motion to Assess Costs in the amount of $523.68, payable within six months. The motion was seconded, and carried 6/0.
Christopher Chicchetti, D.C. – Case Number 02-22541:
Dr. Chicchetti was present, sworn but was not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Chicchetti had violated Section 460.413(1)(k), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a licensee.
Ms. Loucks asked whether Dr. Chicchetti was currently represented by counsel.
Dr. Chicchetti informed the board that he was represented by counsel; however, he was not present and he would like to request that his counsel be present with him at the next meeting of the board.
Dr. Wellikoff moved to deny the motion for hearing before the Division of Administrative Hearings and continue the matter allowing Dr. Chicchetti to reappear before the board with his counsel. The motion was seconded, and carried 6/0.
Jonathan Urshan, D.C. – Case Number 06-02789:
Dr. Urshan was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Urshan had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which he or she is owner, in whole or in part, as a chiropractic institution and Section 460.413(1)(ff), Florida Statutes, by failing to include the required disclaimer language in an advertisement for free or discounted services.
Ms. Jakeman advised the board that Dr. Urshan shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $745.17 payable within 12 months; within one year from the date of the final order he shall complete 5 hours of continuing education, 2 of which must be in laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and to the extent possible he will modify his current advertisements to comply with the Board of Chiropractic Medicine.
Dr. Urshan had no comments for the board.
Members of the board addressed Dr. Urshan regarding improper advertising.
Dr. Urshan requested the board’s guidance in proper advertising.
Dr. LaRusso informed Dr. Urshan and the audience that the equipment in question is not FDA approved.
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Dr. Wellikoff and Dr. LaRusso informed Dr. Urshan and the audience that the information contained in the advertisement appeared to be scare tactics and facts stated that are inappropriate for dissemination to the public.
Dr. Urshan informed the board that the information disseminated was not written by the respondent but was prepared by others.
Discussion ensued.
Dr. Dougherty moved to accept the stipulation as presented. The motion was seconded, and carried 7/0.
Lonnie Meade, D.C. – Case Number 06-02395:
Dr. Meade was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Meade had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which she or he is owner, in whole or in part, as a chiropractic institution; and Section 460.413(1)(ff), Florida Statutes, by failing to include the required disclaimer language in an advertisement for free or discounted services.
Dr. Vogel moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 7/0.
Dr. Meade informed the board that he was not a partner with Dr. Urshan but a co-worker sharing the same office space. He further stated that he did not help in the purchase of the table in question and that his name had been included on the advertisements without his permission.
Dr. Wellikoff moved to dismiss the case. The motion was seconded, and carried 7/0.
Dr. LaRusso suggested that Dr. Meade might like to write an article to be published in the FCA and FSC journals regarding this experience.
The Department withdrew its Motion to Assess Costs.
Jason Orlando, D.C. – Case Number 05-67585:
Dr. Orlando was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Orlando had violated Section 460.413(1)(d), Florida
Statutes, by false, deceptive or misleading advertising.
Dr. Dougherty moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
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Dr. Orlando addressed the board stating that he was sorry.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
The Department provided recommendations to the board.
Dr. Wellikoff moved to require that a letter of concern be issued, payment of a fine in the amount of $2,500; 5 hours of continuing education, 2 of which must be in the area of laws and rules and modification of his advertisements. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $697.95. The motion was seconded, and carried 6/0.
David J. Otto, D.C. – Case Number 06-03346:
Dr. Otto was present, sworn but not represented by counsel.
Probable cause was waived in this case.
Ms. Jakeman informed the board that Dr. Otto had violated Section 460.413(1)(d), Florida
Statutes, by false, deceptive, or misleading advertising.
Dr. Dougherty moved to adopt the findings of fact, conclusions of law and accept the investigative report into evidence. The motion was seconded, and carried 7/0.
Dr. Otto addressed the board. He stated that he would like to take board member’s continuing education classes based upon the extensive information provided. He stated that he was very sorry for the incorrect information provided.
Discussion ensued.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 7/0.
Dr. Dougherty moved to require that a letter of concern be issued, payment of a fine in the amount of $2,500 payable within 12 months; 5 hours of continuing education, 2 of which must be in the area of laws and rules and modification of his advertisements. The motion was seconded, and carried 7/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $1,101.87 payable within 12 months. The motion was seconded, and carried 7/0.
Paul Van Riper, D.C. – Case Number 02-22541:
Dr. Van Riper was neither present nor represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Van Riper had violated Section 460.413(1)(v), Florida
Statutes, by violating a lawful order of the board.
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Dr. Perman moved to adopt the findings of fact, conclusions of law, and accept the investigative report into evidence. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to find the respondent in violation as alleged in the administrative complaint. The motion was seconded, and carried 6/0.
The Department recommended a require a letter of concern, a fine in the amount of $1,000 and compliance with the prior final order within one year and 5 hours of continuing education.
Dr. Wellikoff moved to require a letter of concern, a fine in the amount of $1,000 to be paid within 60 days, compliance with the prior final order within one year and 5 hours of continuing education. The motion was seconded, and carried 6/0.
Dr. Dougherty moved to adopt the Motion to Assess Costs in the amount of $275.33. The motion was seconded, and carried 6/0.
Voluntary Relinquishments:
Dr. Dougherty moved to accept the Voluntary Relinquishments of Rebecca Alonso, Isabel C. De La Paz, Eraicy Gonzalez, Ernesto Hernandez, Barbara Moreno, Johannes Ochoa and Yadaris Pacheco-Arilies. The motion was seconded, and carried 7/0.
James Martin, D.C – Case Number 02-19936:
Dr. Martin was not present, but was represented by Robert Zack, Esquire.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Martin had violated Sections 460.413(1)(m), (r), (n), (s)
and (ff), Florida Statutes, with respect to his care and treatment of a patient in which he utilized
Nutri-Scan, Plate Zapping and Ozone Therapy.
Mr. Schultz advised the board that Dr. Martin wished to Voluntarily Relinquish his license.
Mr. Zack informed the board that Dr. Martin waived confidentiality.
Mr. Zack stated that Dr. Martin was aware of the severity of the charges and was sorry that this
matter had occurred.
Discussion ensued.
Dr. Wellikoff was against the Voluntary Relinquishment and was in favor of revoking the license
based upon the implication that the term “relinquishment” implies.
Mr. Schultz informed the board that the Department had taken the action currently before the
board based upon the reasoning that it was the fastest means of protecting the public.
Dr. Dougherty moved to accept the Voluntary Relinquishment of License. The motion was seconded, and carried 7/0. Ms. Kirby moved to accept the Voluntary Relinquishments of Ivon Palenzuela, Nora Perez-Malpcia, Miriam Ruiz. Belkis Sori, and Estela Velzquez. The motion was seconded and carried 7/0.
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Yosaline Valedon, D.C. – Case Number 06-03615:
Dr. Valedon was neither present nor represented by counsel.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Valedon had violated Section 460.413(1)(v), Florida
Statutes, by violating a lawful order of the board.
Dr. Vogel moved to dismiss the case. The motion was seconded, and carried 7/0.
Discussion ensued.
Ms. Reynolds moved to vacate the previous final order of the board and dismiss the
initial administrative complaint. The motion was seconded, and carried 7/0.
Consent Agreements (Stipulations):
David J. Dorfman, D.C. – Case Numbers 05-58495 & 05-68510:
Dr. Dorfman was present and sworn, but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Ms. Jakeman informed the board that Dr. Dorfman had violated Section 460.413(1)(v), Florida Statutes, by violating a lawful order of the board (two counts).
Ms. Jakeman advised the board that Dr. Dorfman shall pay an administrative fine in the amount of $500 payable within 30 days of the date of the final order; costs in the amount of $615.09 payable within 30 days from the date of the final order; within one year from the date of the final order he shall complete 16 hours of continuing education provided by the Florida Chiropractic Association or the Florida Chiropractic Society, one hour in risk management, two hours in laws and rules, three hours in HIV/AIDS, and two hours in the area of medical error prevention and he shall receive a letter of concern.
Dr. Dorfman stated that this was an oversight on his part.
Discussion ensued regarding the fact that Dr. Dorfman had in fact completed 32 hours of continuing education.
Dr. Wellikoff suggested dismissing the case presently before the board and dismiss the administrative complaint previously issued in this matter.
Mr. Baker stated that he took exception to the statements being made against his staff accusing them of repeated failure to return telephone calls. He stated that his staff were professional and conducted themselves in a professional manner and returned calls expeditiously.
Dr. LaRusso informed Dr. Dorfman that the information he provided was outside of the continuing education audit period.
Dr. Wellikoff moved to reject the stipulation and dismiss the case before the board.
Ms. Loucks provided the audience information relative to the case before the board.
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The motion died for the lack of a second.
Dr. Vogel moved to adopt the stipulation as presented. The motion was seconded, and carried 5/1 with Dr. Wellikoff voting against the motion.
Alan Felker, D.C. – Case Number 05-62136:
Dr. Felker was present, sworn and represented by Henry Rubinstein, Esquire.
Mr. Schultz informed the board that this case had previously been presented to the board where a counter stipulation had been offered and the respondent declined the offer. Mr. Schultz stated that the Department did not like readdressing cases where actions of this nature had occurred. But, based upon previous actions of the board the Department would continue with the presentation of the proposed stipulation.
Probable cause was waived in this matter.
Mr. Schultz informed the board that Dr. Felker had violated Section 460.413(1)(ff), Florida Statutes, by offering to pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
Mr. Schultz advised the board that Dr. Felker shall receive a reprimand, shall pay an administrative fine in the amount of $18,000 payable in quarterly payments over a period of two years; costs in the amount of $588.50 payable within two years; his license shall be suspended for a period of one year; however, the suspension shall be stayed provided the respondent remains in compliance; he shall he placed on probation for a period of two years with terms and conditions.
Mr. Rubinstein addressed the board on behalf of his client advising that the proposed stipulation was harsher than any of the other cases of similar violations previously presented to the board and requested that the board adopt the stipulation as presented.
Dr. Dougherty addressed Dr. Felker informing him that he had harmed the public.
Ms. Kirby voiced her strong concerns with the unacceptable behavior of Dr. Felker. She stated that the previous counter stipulation was more than fair.
Dr. Vogel informed the board and Dr. Felker that the board, in their previous counter stipulation offer, had worked hard to protect the public.
Dr. LaRusso stated that the major issue with the board’s counter stipulation was the suspension of licensure.
Mr. Rubinstein addressed the board stating that the monitoring as proposed in their counter stipulation was impossible to carry out as currently written because it would not be possible to find someone that could perform that type of monitoring and review.
Discussion ensued.
Ms. Kirby moved to reject the stipulation as presented. The motion was seconded, and carried 7/0.
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Dr. Dougherty moved to offer a counter stipulation that requires one year of suspension with the last six months stayed, two years of probation with terms and conditions to include a review of a minimum of 10 files or all of the personal injury files. Should there be less than 10 personal injury files, a review will be completed of all personal injury files and the remainder of other type filed to total a count of 10; a fine in the amount of $18,000 and costs in the amount of $2,557.15, paid in quarterly payments over a period of two years. The motion was seconded and carried 7/0.
Jill Denise Gerard, D.C. – Case Number 05-69855:
Dr. Gerard was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman advised the board that Dr. Gerard had violated Section 460.413(1)(d), Florida Statutes, by fraudulent, false, deceptive, or misleading advertising.
Ms. Jakeman informed the board that Dr. Gerard shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; pay costs in the amount of $539.95 payable within 12 months of the date of the final order; within 12 months of the date of the final order she shall attend 5 hours of continuing education, 2 of which must be in the area of laws and rules administered by the Florida Chiropractic Association or the Florida Chiropractic Society, and she must modify to the extent possible her current advertisements to comply with the rules of the board.
Dr. LaRusso informed the board that Dr. Gerard had previous disciplinary actions against her license.
Dr. Gerard addressed the board informing them that she was unfamiliar with the Florida laws and rules and that she took responsibility for the errors made in the advertisement.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded, and carried 7/0.
Michael Levine, D.C. – Case Number 01-17890:
Dr. Levine was present, sworn and represented by Henry Rubinstein, Esquire.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Levine had violated Section 460.413(1)(m), Florida Statutes, by failing to keep legibly written chiropractic records that identify clearly by name and credentials the licensed chiropractic physician rendering, ordering, supervising, or billing for each examination or treatment procedures and that justify the course of treatment of the patient, including, but not limited to, patient histories, examination results, x-rays, and diagnosis of a disease or condition; Sections 460.413(1)(v) and (ff), Florida Statutes through a violation of the minimal standards for chiropractic record keeping; Section 460.413(1)(r), Florida Statutes, by failing to practice at a level of care, skill, and treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances and Section 460.413(1)(n), Florida Statutes, by exploiting a patient for financial gain.
Mr. Schultz advised the board that Dr. Levine shall receive a letter of concern; shall pay an administrative fine in the amount of $1,000 to be paid within one year from the date of the final
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order; shall pay costs in the amount of $5170.06 to be paid within one year from the date of the final order; within two years from the date of the final order he shall attend 8 hours of continuing education administered by the Florida Chiropractic Association or the Florida Chiropractic Society in the area of record keeping. His license shall be placed on probation for a period of one year with terms and conditions and dropping counts two and four of the administrative complaint.
Mr. Rubinstein addressed the board on behalf of his client.
Dr. Levine made a brief statement to the board stating that he was remorseful for the actions that brought him before the board.
Dr. Wellikoff addressed Dr. Levine regarding billing and coding charges.
Dr. Dougherty moved to adopt the stipulation as presented. The motion was seconded, and carried 6/0.
The board returned to the case of Dr. Jason Orlando. Dr. Wellikoff moved to allow the hours received at the August 2006 Florida Chiropractic Association Convention to be utilized to meet the continuing education credit hours required by the Final Order that will be issued as a result of this meeting. The motion was seconded, and carried 7/0.
Michael McGurn, D.C. – Case Number 05-70128:
Dr. McGurn was present, sworn but not represented by counsel.
Probable cause was waived in this case.
Ms. Jakeman advised the board that Dr. McGurn had violated Section 456.072(1)(w), Florida Statutes, by failing to report his plea to the board within 30 days and Section 456.072(1)(w), Florida Statutes, by failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.
Ms. Jakeman informed the board that Dr. McGurn shall pay an administrative fine in the amount of $1,000 payable within six months of the date of the final order; costs in the amount of $673.15 payable within six months of the date of the final order; within one year from the date of the final order he shall attend 5 hours of continuing education, 2 of which must be in the area of laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he shall receive a letter of concern.
Dr. McGurn addressed the board stating that he would like the board to adopt the stipulation.
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Dr. Vogel moved to accept the stipulation as presented. The motion was seconded, and carried 7/0.
Kevin Usry, D.C. – Case Number 05-60988:
Dr. Usry was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Usry had violated Section 460.413(1)(ff), Florida Statutes, by fraudulent, false, deceptive or misleading advertising; Section 460.413(1)(cc), Florida Statutes, by advertising any reduced or discounted fees for services or treatments, or advertising any free services or treatments, without prominently stating in the advertisement the usual fee of the licensee for the services or treatment which is the subject of the discount, rebate, or free offering.
Mr. Schultz advised the board that Dr. Usry shall receive a letter of concern; pay an administrative fine in the amount of $1,000 payable within six months of the date of the final order; pay costs in the amount of $612.99 payable within thirty days of the date of the final order and within one year of the date of the final order he shall attend 5 hours of continuing education administered by either the Florida Chiropractic Association or Florida Chiropractic Society in the area of laws and rules.
It was noted that Dr. Usry had prior discipline by the board.
Dr. Dougherty moved to reject the stipulation as presented. The motion was seconded, and carried 6/0.
Dr. Wellikoff moved to offer a counter stipulation to include all of the conditions included in the initial stipulation, raising the fine to $2500 fine and the 5 hours in continuing education will require 3 hours in laws and rules and 2 hours in record keeping. The motion was seconded, and carried 6/0.
Dr. Usry and the Department were in agreement with the counter stipulation.
Marquely Celestin, R.C.A. – Case Number 05-61177:
Mr. Celestin was present, sworn and represented by Kathryn Kasprzak, Esquire.
Dr. Dougherty was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Mr. Celestin had violated Section 460.413(1)(k) and (5), Florida Statutes, through false, misleading, deceptive or fraudulent representations in the practice of chiropractic medicine.
Mr. Schultz advised the board that Mr. Celestin shall receive a letter of concern; shall pay an administrative fine in the amount of $500 payable within 6 months of the date of the final order; costs in the amount of $517.66 payable within 30 days of the date of the final order; and agrees to refrain from using the title doctor or any derivations thereof in connection with his work as a registered chiropractic assistant.
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Ms. Kasprzak addressed the board on behalf of her client stating that he was from a foreign country and was not aware of the confusion it may cause should he be addressed as doctor when he is not in fact licensed in Florida.
Ms. Kirby voiced her opinion that the proposed stipulation was weak when considering the allegations.
Mr. Celestin provided the board with a brief description of his job duties and responsibilities.
Ms. Kirby moved to reject the stipulation. The motion was seconded and failed 3/3.
Dr. Wellikoff moved to adopt the stipulation as presented. The motion was seconded, and carried 5/1 with Ms. Kirby voting against the motion.
Philip Scuderi, D.C. – Case Number 05-57541:
Dr. Scuderi was present, sworn but not represented counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
It was noted that Dr. Scuderi failed to appear at the June 2006 meeting based upon not receiving appropriate notice of the meeting.
Mr. Schultz informed the board that Dr. Scuderi had violated Section 460.413(1)(e), Florida Statutes, by causing to be advertised, by any means whatsoever, any advertisement which does not contain an assertion or statement which would identify herself or himself as a chiropractic physician or identify such chiropractic clinic or related institution in which she or he practices or in which she or he is owner, in whole or in part, as a chiropractic institution.
Mr. Schultz advised the board that Dr. Scuderi shall receive a letter of concern; he shall pay an administrative fine in the amount of $1,000 to be paid within six months of the date of the final order; he shall pay costs in the amount of $516.63 within thirty days of the date of the final order; and within one year from the date of the final order he shall complete 5 hours of continuing education administered by the Florida Chiropractic Association or Florida Chiropractic Society, 2 of which must be in the area of laws and rules.
Dr. Scuderi addressed the board providing them with a brief explanation of the incident that resulted in the charges against him.
Dr. Wellikoff moved to accept the stipulation as presented. The motion was seconded, and carried 6/0.
Jason Striedel, D.C. – Case Number 05-50811:
Dr. Striedel was present, sworn and represented by Jeffrey Thompson, Esquire.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Striedel had violated Section 460.413(1)(m), Florida Statutes, by failing to keep legibly written chiropractic medical reports; Section 460.413(1)(ff), Florida Statutes, through a violation of minimal standards for chiropractic record keeping and Section 460.413(1)(r), Florida Statutes, by failing to practice at a level of care, skill, and
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treatment which is recognized by a reasonably prudent chiropractic physician as being acceptable under similar conditions and circumstances.
Mr. Schultz advised the board that Dr. Striedel shall receive a letter of concern, shall pay an administrative fine in the amount of $1,000 to be payable within one year from the date of the final order; shall pay costs in the amount of $3096.05 to be payable within one year from the date of the final order; he shall within one year from the date of the final order attend 10 hours of continuing education administered by either the Florida Chiropractic Association or Florida Chiropractic Society in the areas of documentation care and coding, ethics and the prevention of medical errors, CPT coding and medical necessity; his license shall be placed on probation for a period of one year with terms and conditions.
Dr. LaRusso inquired as to whether or not appropriate trust accounting procedures were utilized. Dr. Striedel commented to the board that refunds had been done.
Discussion ensued.
Mr. Thompson also commented on behalf of his client to clarify what had been done.
Discussion continued.
Dr. Dougherty moved to accept the stipulation as presented. The motion was seconded, and carried 6/0.
Wayne Swanson, D.C. – Case Number 05-61472
Dr. Swanson was present, sworn but not represented by counsel.
Ms. Kirby was recused due to participation on the probable cause panel.
Mr. Schultz informed the board that Dr. Swanson had violated Section 460.413(1)(ff), Florida Statutes, by failing to maintain legibly medical records that contained sufficient information to identify the patient, support the diagnosis, justify the treatment and document the course and results of the treatment accurately, Section 460.413(1)(r), Florida Statures, by failing to practice chiropractic medicine at a level of care, skill and safety and 460.411(1)(b), Florida Statutes, by using or attempting to use a license to practice which has been suspended or revoked.
Mr. Schultz advised the board that Dr. Swanson shall receive a letter of concern; shall pay an administrative fine in the amount of $1,000 payable within 30 days of the date of the final order; costs in the amount of $2,936.73 payable within 30 days of the date of the final order; shall be placed on probation for a period of one year with terms and conditions and he shall within one year from the date of the final order complete 10 hours of continuing education, 2 of which must be in the area of record keeping, four in the area of nutritional counseling. The continuing education must be sponsored by either the Florida Chiropractic Association or the Florida Chiropractic Society.
It was noted that Dr. Swanson had two prior disciplinary cases.
Dr. Wellikoff moved to reject the stipulation. The motion was seconded, and carried 6/0.
Dr. Swanson addressed the board and provided additional records of other patients where he referred cases to other physicians.
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Discussion ensued.
Ms. Lindia Lee, the Office Manager for Dr. Swanson, addressed the board. She provided the board with a brief description of the incident in question. She stated that the mother of the child in question informed them that the child had drunk three Mountain Dews prior to the visit. She provided additional details for the board’s consideration.
Discussion ensued regarding the amount of the proposed fine.
Dr. LaRusso moved to require a letter of concern, a fine in the amount of $2,500 payable over a period of one year in quarterly installments; costs in the amount of $2,936.73 payable over a period of one year in quarterly installments; probation for a period of one year with monitoring where a review of 3 files will be conducted on a monthly basis for a period of six months and bi-monthly until the completion of the period of probation with a review of 5 files; continuing education in 2 hours in ethics and 2 hours in laws and rules and the remainder in recording keeping and document coding, he must appear at the end of probation. All other conditions contained in the proposed stipulation. The motion was seconded, and carried 6/0.
Dr. Swanson and the Department were in agreement with the counter stipulation.
John R. Timko, D.C. – Case Number 05-69875:
Dr. Timko was present, sworn but not represented by counsel.
Probable cause was waived in this matter.
Ms. Jakeman informed the board that Dr. Timko had violated Section 460.413(1)(ff), Florida Statutes, by deceptive and misleading advertising (two counts).
Ms. Jakeman advised the board that Dr. Timko shall receive a letter of concern; pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; pay costs in the amount of $778.71 to be paid within 12 months from the date of the final order; attend 5 hours of continuing education, 2 of which must be in the area of laws, and rules, sponsored by the Florida Chiropractic Association or the Florida Chiropractic Society and to the extent possible he will modify his current advertisements to comply with the board’s rules.
Ms. Kirby moved to accept the stipulation. The motion was seconded, and carried 7/0.
Motion for final order by Stipulation – continued:
Stephen W. Hayman, D.C. – Case Number 05-69941:
Dr. Hayman was present, sworn but was not represented by counsel.
Dr. Dougherty was recused due to participation on the probable cause panel.
Ms. Jakeman informed the board that Dr. Hayman violated Section 460.413(1)(d), Florida Statutes, for false, deceptive, or misleading advertising (two counts).
Ms. Jakeman advised the board that Dr. Hayman shall receive a letter of concern; shall pay an administrative fine in the amount of $2,500 payable within 12 months of the date of the final order; costs in the amount of $1,015.92 payable within 12 months from the date of the final
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order; within one year from the date of the final order he shall complete 5 hours continuing education, 2 of which must be in the area of laws and rules regulating the practice of chiropractic medicine administered by the Florida Chiropractic Association or the Florida Chiropractic Society and he shall to the extent possible modify current advertisements to comply with the Board of Chiropractic Medicine.
Dr. Hayman addressed the board apologizing for having to appear before the board.
Ms. Kirby moved to adopt the stipulation as presented. The motion was seconded, and carried 6/0.
Recommended Order – DOH vs. James Hether, D.C. – Case Number 06-0664PL:
Dr. Hether was present and represented by Michael R. D’Lugo, Esquire.
Dr. Vogel was recused due to participation on the probable cause panel.
Ms. Loucks informed the board that on October 12, 2005 the Board filed an administrative complaint against Dr. Hether for a violation of Sections 460.413(1)(ff) and (u), Florida Statutes. Dr. Hether requested an administrative hearing on February 17, 2006 and a hearing was scheduled. She noted that exceptions had been filed in this case.
Mr. Schultz informed the board that a hearing was held on April 20, 2006 before the Administrative Law Judge (ALJ). It was the recommendation of the ALJ that Dr. Hether receive a reprimand; pay an administrative fine in the amount of $2,500; undergo a Professional Resource Network psychological evaluation; and be placed on probation for a period of two years with terms including a practice restriction prohibiting him from treating female patients without another certified health care professional in the room.
Mr. D’Lugo addressed the board regarding his exceptions to the Recommended Order.
Mr. D’Lugo stated that he had filed eight exceptions, which he presented to the board.
Mr. D’Lugo stated that the testimony of the complainant was questionable based on the five different versions of the testimony offered and numerous deviations within the five testimonies regarding several areas. Therefore, the Department did not provide clear and convincing evidence that the allegations as charged, actually took place.
Mr. D’Lugo stated that the case before the board was a credibility case, the complainant versus Dr. Hether.
Mr. D’Lugo informed the board that the board should reject the recommendation of the ALJ based upon his having ignored key information, the lack of clear and convincing evidence.
Mr. Schultz stated that the respondent took exception to the entire recommended order.
Ms. Loucks provided the board with direction in handing the exceptions.
Paragraph 4 of the Recommended Order regarding findings of fact by the ALJ should have included the respondent’s wife as being present on the date of the violation.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
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Paragraph 6 of the Recommended Order addressed the massage provided by the respondent.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 7 of the Recommended Order additionally addresses the massage provided by the respondent.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 8 of the Recommended Order addressed the interruption of the massage by the son.
Ms. Reynolds moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 11 of the Recommended Order addresses the patient’s failure to talk to anyone else in the respondent’s office about the violation.
Dr. Perman moved to deny the exception. The motion was seconded, and carried 6/0.
Paragraph 12 of the Recommended Order addresses the lack of clear and convincing evidence.
Dr. Dougherty moved to deny the exception. The motion was seconded, and carried 8/0/
Paragraph 21 of the Recommended Order addressed evidentiary evidence.
Dr. Dougherty moved to deny. The motion was seconded, and carried 6/0.
Ms. Kirby moved to adopt the recommendation of the Administrative Law Judge with the addition of 5 hours of continuing education in the area of boundaries and ethics based upon the findings of the ALJ; additionally he must abide by the PRN or the successor agency treatment recommendations, the probation shall contain the tolling provision with an appearance prior to the termination of probation; the certified health professional must be a licensed health care professional; the fine must be paid within six months of the date of the final order. The motion was seconded, and carried 6/0.
Ms. Kirby moved to assess costs in the amount of $2,713.52. The motion was seconded, and carried 6/0.
Prosecution Report:
Mr. Schultz provided a brief caseload report indicating a 250% rise.
Mr. Schultz suggested a pre-screening of chiropractic advertisements. He requested statutory
language regarding the laser hair removal.
Mr. Robert Mundy of the Department of Health’s Unlicensed Activity Office addressed the board
regarding chiropractors use of IPL and laser devices for the permanent removal of hair.
Mr. Mundy requested that the board consider adopting rules regarding this issue.
Dr. Dougherty addressed the board stating that the statute allows licensees to perform many
things as long as they are taught in a chiropractic college at the undergraduate level.
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A licensed medical physician, addressed the board stating that he worked with Dr. Mike Shafer. He stated that the course that was currently being taught was for the use of laser for hair removal and not carpal tunnel syndrome. He stated that maybe a certification program could be the safety net to ensure proper training and treatment technique.
Dr. Vogel informed the board that she had previously brought this matter to the board and that Dr. True had appeared before the board and informed them that the laser treatment therapy that he was teaching was for therapeutic treatment and not hair removal.
Mr. Paul Lambert, General Counsel of the Florida Chiropractic Association, addressed the board regarding the teaching of laser hair removal. He read specific language from Chapter 460, Florida Statutes. He stated that the question was “what was a laser?” Is the removal of hair considered treatment of the human body? If the answer to the question was yes, it could then be considered the practice of chiropractic medicine.
Ms. Loucks stated that the board should not make general statements about the use of laser hair removal. She reminded the board and audience that the laser hair removal is under the scope of practice for the Council on Electrolysis.
Mr. Lambert suggested a general workshop to discuss this matter.
Mr. Baker advised the board that the Department Prosecution and Unlicensed Activity Office needed the board’s direction on how to handle this matter.
Several members of the board stated that they believed that the practice fell within the scope of chiropractic medicine but there should be strict training and education guidelines.
Dr. Vogel stated that she did not think that laser hair removal was considered the practice of chiropractic medicine.
Dr. Wellikoff stated that he would like to receive more information before determining if it was within the scope of practice.
Ms. Kirby stated that she did not believe it was within the scope of practice.
Dr. Perman stated that it might be within the scope of practice.
Ms. Reynolds stated that she needed additional information.
Dr. LaRusso stated that he did not believe it was within the scope of chiropractic medicine.
It was determined that more information would be required and the item will be placed on the agenda for the November 2006 meeting.
Approval of Minutes:
Approval of June 29, Rules Workshop Minutes:
Dr. Dougherty moved to approve the minutes as presented. The motion was seconded, and carried 7/0.
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Approval of June 30, 2006 Full Board Minutes:
Dr. Dougherty moved to approve the minutes as presented. The motion was seconded, and carried 7/0.
Recertification of 100 Hour Acupuncture Certification Course offered by International Academy of Medical Acupuncture (IAMA):
Thomas Ventimiglia was not present.
Ms. Grant advised the board that the course was before the board for reconsideration of approval on the basis that the course content and structure had been changed without the board and staff’s prior knowledge. She informed the board that the course now allows for 60 hours of on-line instruction and 45 hours of face-to-face instruction.
It was determined that the course was not in compliance.
Dr. LaRusso moved to issue a Notice of Intent to deny approval. The motion was seconded, and carried 7/0.
Dr. LaRusso moved to deny any applicants who did not complete the course as previously approved. The motion was seconded, and carried 6/1 with Dr. Wellikoff voting against the motion.
Correspondence:
William W. Atherton, D.C., DACBR:
In correspondence dated June 29, 2006, Dr. Atherton advised the board that the American College of Radiology (ACR) was attempting to monopolize the imaging centers through their ACR certification process, which many of the insurance companies now require. He advised that many imaging centers are becoming ACR accredited.
Dr. Atherton noted that the problems arise because ACR requires all radiologists to be ACR members in order for the imaging centers to be accredited and ACR will not allow chiropractic physicians to be members. Therefore, the chiropractic radiologists are limited from working at MRI-Diagnostic centers, if the centers wish to be ACR certified.
Arthur C. Croft, D.C. – Spine Research Institute:
Provided for the board’s information only.
Chairman/Vice-Chairman Reports: 2007 Meeting Dates:
The following meeting dates were approved by the board.
January 26, 2007 April 6, 2007 June 8, 2007 August 24, 2007
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November 2, 2007
Future Agenda Items:
Laser hair removal
EXECUTIVE DIRECTOR’S REPORT:
Planning for National Chiropractic Month in October:
Information only.
Attorney General’s Hours by Profession:
Mr. Baker advised the board that their agenda materials contained the Attorney General’s Hours for the fiscal years 05-06 by profession. He noted that there were a total of 815.1 hours reported for the Board of Chiropractic Medicine.
FCLB District III & V Regional Meeting – October 5 – 8, 2006 – Myrtle Beach, SC:
It was determined that Dr. LaRusso and Dr. Dougherty would attend the regional meeting.
Voluntary Relinquishment Statement:
Mr. Baker advised the board that additional language had been added to all future renewal notices that will allow the licensees the choice of voluntarily relinquishing their licenses rather than renewing or placing their licenses in an inactive or retired status.
Mr. Baker informed the board that he and Dr. LaRusso held an informal forum at the FCS convention and that he and Ms. Grant would be present for the open forum later during the FCA convention.
Mr. Baker informed the board that Ms. Grant had completed 30 years of service with the State.
BOARD COUNSEL REPORT:
Ms. Loucks provide the board with a rule’s status report.
Committee Reports: Budget Committee:
Ms. Reynolds informed the board that their agendas contained the Cash Balance Report, Total Expenditures (Direct and Allocated), and Allocations to Board by Source and Expenditures by Function for the period ending June 30, 2006. She advised the board that she would also be attending the Budget Liaison Meeting in Tallahassee on September 12, 2006.
Certified Chiropractic Physician’s Assistant:
RATIFICATION OF CERTIFIED CHIROPRACTIC PHYSICIAN’S ASSISTANTS:
Ms. Kirby moved to approve Joyce Woodham and Jorge Iglesias for licensure as
certified chiropractic physician’s assistants. The motion was seconded, and carried 7/0.
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Hermann J. Diehl, D.C., and Raynell Quiriello CCPA – application withdrawn: Aura Toval, D.C. and Raynell Quiriello, CCPA:
Dr. Toval and Mr. Quiriello were present.
Dr. LaRusso informed the board that he conducted an interview of August 7, 2006 and both the applicant and the supervisor participated. He stated that the intent of the application was to allow Mr. Quiriello to see patients at a practice that he owns and staffs with health care providers. While Dr. Toval has her own practice, she wanted to travel to the clinic owned by Mr. Quiriello to see patients two days per week and allow Mr. Quiriello to treat patients in his own clinic under her indirect supervision.
Discussion ensued. It was now determined that Mr. Quiriello will come to Dr. Toval’s primary practice location.
Dr. Wellikoff moved to approve the application for modification of supervision based upon the fact that Mr. Quiriello will be practicing at Dr. Toval’s primary practice location. The motion was seconded, and carried 6/1 with Ms. Kirby voting against the motion.
Stuart Lee Sherman, D.C. and Maggie Leon, CCPA - withdrawn:
John K. Lenihan, D.C. and Isys Rachel Levy, CCPA:
The matter was tabled until a revised application is received.
Tamer A. Sabry, D.C. and Raquel E. Siscar, CCPA - withdrawn:
Continuing Education Committee:
Rick Warner, D.C. – On-line Continuing Education:
Dr. Warner was present and addressed the board.
Dr. Warner introduced Mr. Steve Miller an undergraduate student planning to attend chiropractic college who addressed the board regarding on-line continuing education.
Mr. Miller informed the board that security measures were in place to ensure that the chiropractor was actually completing the course and not another individual.
Discussion ensued.
Mr. Paul Lambert addressed the board regarding the State Motor Vehicle Division regarding the courses given for driver safety. He noted that the pilot was not a success based upon the amount of fraud exhibited.
Dr. LaRusso read to the board members the minutes from the board meeting at which this issue was initially raised by Dr. Warner.
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Dr. DiDonato addressed the board regarding the on-line education. He stated that he was in favor of on-line continuing education. He stated that his experience in this area had been a positive experience and a service to the chiropractic licensees.
Dr. LaRusso advised Dr. Warner to get a program together for the board’s review for the next available agenda.
New York Chiropractic College – Patient Communication:
Dr. Dougherty moved to deny the course on the basis that the instructor does not meet the requirements of Rule 64B2-13.004 (3)(D), F.A.C. and, the course does not meet the requirement for a risk management course as required by 64B2-13.004(3)(B), F.A.C. The motion was seconded, and carried 7/0.
Disciplinary Compliance Committee:
Dr. Wellikoff advised the board that the probationary report for the month of June 2006 was included in the agenda materials for the board’s information.
Charles Halley, D.C.:
Dr. Halley was present.
Dr. Halley appeared before the board requesting early termination of his probation.
Included in the board’s agenda materials was a letter from the Professionals Resource Network informing the Board that Dr. Halley had successfully completed the program and was in complete compliance with all requirements of his monitoring/advocacy contract.
Dr. Dougherty moved to terminate probation. The motion was seconded, and carried 7/0. Stephen Wolff, D.C.:
Dr. Wolff was present, and Dr. Wellikoff was present as his monitor.
Dr. Wellikoff was recused from voting and addressed the board on behalf of Dr. Wolff.
He stated that Dr. Wolff had been doing very well but has recently become ill. Dr. Wellikoff
recommended early termination of his probation..
Ms. Reynolds moved to terminate probation. The motion was seconded, and carried 6/0.
Dr. Wellikoff addressed the board regarding the inability of monitors to perform a thorough review process. He requested that the board allow him to draft a monitoring protocol. He noted that he had discussed with Ms. Janie Shingles at the Department. The board requested that he prepare language to be presented at the next meeting.
Examination Committee:
Update April 2006 Board Meeting, Examiner and Consultant Contracts:
Ms. Cassandra McManus of the Examination Services Unit addressed the board through memorandum regarding the Indemnification Clause contained in the Examiner and Consultants Agreements. She stated that the provision protects the State of Florida from any legal action by
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any examiner and/or consultant and is included in all State of Florida contracts and agreements. She further noted that if an examination practice or outcome is challenged through a petition for hearing, DOH is responsible for the defense against the challenge. The Examiners and/or Examination Consultant may be called as an expert witness in the defense of the challenge.
Ms. McManus advised that if other legal action is taken by an outside party on the Examiner and/or Examination Consultant, the state is not responsible for the defense of this individual.
Update on Chiropractic Examination:
Dr. Eunice Filar, Psychometrician with the Examination Services Unit, advised the board through memorandum that there are security policies and procedures developed by Testing Services regarding discussion of confidential and non-confidential examination information. She stated that the secured items are: Examination questions, answers, booklets, videotapes, standardization discussions, number of questions in the item bank, examination development strategies, the list of examiners, the number of forms of CBT examinations, the examination security strategies and the candidate scores.
Dr. Filar requested that the board members not discuss the secure information during board meetings or with others.
Legislative Committee:
Discussion of 2007 Legislative Issues:
Dr. Dougherty addressed the board regarding PIP, which will sunset the following year. He noted that there was a lot of positioning by the insurance industry attempting to get the public’s attention. He noted that the FCA would be providing an in-depth update during the convention.
The board requested that Dr. Dougherty request the FCA to back the clinic ownership issue.
Probable Cause Panel:
The monthly statistics were provided for the board’s information.
Implementation of HB 587 – Draft Rule Text:
64B2-16.005 False, Misleading, and Deceptive Representations in the Practice:
(1)
No change.
(2)
No change.
(3)
All chiropractic physicians shall identify themselves by posting a current photograph of the chiropractic physician that is clearly visible which specifically identifies the physician by name and by status as a “chiropractic physician.”
Rule 64B2-18.007 Method of Performance
(1)
All certified chiropractic physician assistants shall identify themselves by wearing a type of identification badge that is clearly visible which specifically identifies the employee by name and by status as a “certified chiropractic physician assistant,”.
(2)
No change.
After review and discussion, the above proposed rule language was not adopted by the board.
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Citation proposal:
The board determined that failure to properly identify themselves will initiate a citation offense against the physician as follows:
1st offense for failure to identify will be $500.
Rules Committee:
64B2-11.001 Application for Licensure Examination.
(1)
No change.. (2)No change.
(3)
In order that the Board may timely certify to the Department of Health those applicants eligible to take the examination, all applications, fees and all supporting documentation including transcripts, NBCE examination results, fingerprint card, licensure verifications and any other documentation, must be on file with the Board no later than March 1st of each year for those candidates applying for the May Examination and September 1st for the November Examination. All applications, fees and supporting documents must be on file with the Board no later than September 1st of each year for those candidates applying for the November Examination.
64B2-13.004 Continuing Education.
(1)
No change.
(2)
Only those classroom hours earned at Board approved continuing education courses or under the provisions of this rule are acceptable.
(3)
No change.
(4)
When attending an approved course, a licensee must provide a photo identification and sign in and out each time they enter or exit the meeting site in and out of the meeting room attendance must be certified by the course’s registrar and submitted to the Board as verification.
(5)
– (13) No change.
Discussion ensued.
Dr. Michael Schreeve addressed the board explaining the Palmer College method of compliance with continuing education courses.
After discussion, it was determined that these two rules would move forward as written.
64B2-17.003 Acupuncture.
No action taken at this time.
64B2-18.001 Definitions.
(1)
– (4) No change
(4)
The term “supervising physician” as herein used means any licensed chiropractic physician or group of physicians who is approved and certified by the Board to provide supervision for the certified chiropractic physician’s assistant and/or registered chiropractic assistant, and who assumes legal liability for the services rendered by such assistants. An approved chiropractic physician or group of physicians may supervise more than one certified chiropractic physician’s assistant at a ratio no greater than 2 certified chiropractic physician’s assistant to one chiropractic physician.
(5)
– (8) No change.
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(9)
“Indirect supervision” means responsible supervision and control by the supervising physician only in practices owned wholly by the supervising physician or in compliance with Agency for Health Care Administration Clinic Exemption Regulation. Indirect supervision shall require the “easy availability” or physical presence of the licensed chiropractic physician for consultation and direction of the actions of the certified chiropractic physician’s assistant. “Easy availability” means the supervising physician must be in a location to enable him to be physically present with the certified chiropractic physician’s assistant within at least thirty minutes and must be available to the certified chiropractic physician’s assistant when needed for consultation and advice either in person or by communication devices, such as telephone, two-way radio, medical beeper or other electronic means.
Discussion ensued.
Ms. Loucks read into the record proposed language that Mr. Paul Lambert had provided to her before the board meeting.
The board was in agreement with Mr. Lambert’s proposal.
Ms. Loucks will revise and provide language to Dr. LaRusso for approval.
64B2-18.002 Application for Certification as a Chiropractic Physician’s Assistant
(1)
Any person desiring to be certified as a chiropractic physician’s assistant shall file an application with the Department on forms provided by the Board.
(2)
The application shall be completed in every detail.
(3)
As part of the application process, the Board shall interview the supervising chiropractic physician and the certified chiropractic physician applicant about the work arrangement proposed in the application.
(4)
Applicants may qualify for certification as a chiropractic physician’s assistant by either:
(a)
Successfully completing a program approved pursuant to subsection 64B2-18.003(2), F.A.C., for the education and training of certified chiropractic physician’s assistants, or
(b)
Graduating from a chiropractic college which is accredited by, or has status with the Council on Chiropractic Education or its predecessor agency, provided that the applicant has never had a license to practice as a chiropractic physician subject to disciplinary action in this or any other jurisdiction.
(5)
The application shall be accompanied by a diploma or similar certificate evidencing successful completion of one (1) of the types of education and training programs referred to in subsection 64B2-18.002(3), F.A.C. Successful completion is deemed to mean obtaining a raw score of seventy-five percent (75%) on a comprehensive examination covering the entire education and training program.
(6)
In addition to the general certification as an assistant, an applicant may be certified in one
(1)
or more specialty areas created by the Board if he or she demonstrates his or her satisfactory completion of education and training in the one (1) or more specialty areas.
(7)
Upon approval of an application for certification in a specialty area the applicant shall be charged a fifty dollar ($50.00) certification fee for the first biennium. The biennial renewal fee for each subsequent biennial shall be fifty dollars ($50.00).
64B2-18.005 Certification of Supervising Physicians
(1)
Any chiropractic physician desiring to supervise, employ or work with a certified chiropractic physician’s assistant shall make application to the Board on forms provided by the Board.
(2)
As part of the application process, the Board shall interview the supervising chiropractic physician and the certified chiropractic physician assistant about the work arrangement proposed in the application.
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(3)
Upon approval of an application, the Board shall certify the physician or group of physicians to supervise a certified physician’s assistant.
(4)
Certifications to supervise assistants shall remain valid for one (1) year and must be renewed annually.
(5)
A fee of one hundred dollars ($100.00) shall accompany the initial application and annual application by a chiropractic physician or group of chiropractic physicians for authorization to supervise a certified chiropractic physician’s assistant.
Dr. LaRusso moved to approve the proposed language. The motion was seconded, and carried 7/0.
Unlicensed Activity:
No report.
Chiropractic Awareness Public Service Campaign:
Information only.
There being no further business to come before the board, the meeting adjourned at 6:05 p.m.
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Friday, October 26, 2007
Chirophilia
I love chiropractic, and all means of healing, improving, and finding goodness in life.
Concentrating on chiropractic, my profession, I work to improve a wonderful healing profession which needs a lot of care. It is a fertile ground in Florida for fraud and all sorts of corruption of the basic, simple original idea of helping people.
Never mind philosophical argument about techniques of healing, that is always in flux. I aim to concentrate on the power of intent, if the intent is proper, to heal, then criminal and misguided activities naturally go to the wayside.
I attend Chiropractic Board meetings when I can. I do IME and Peer Review, work with anyone that might help guide the profession, weed out or change behavior of those that tarnish the profession. We all need to clean our own house. If we as a profession do not clean the house, we may lose it.
Concentrating on chiropractic, my profession, I work to improve a wonderful healing profession which needs a lot of care. It is a fertile ground in Florida for fraud and all sorts of corruption of the basic, simple original idea of helping people.
Never mind philosophical argument about techniques of healing, that is always in flux. I aim to concentrate on the power of intent, if the intent is proper, to heal, then criminal and misguided activities naturally go to the wayside.
I attend Chiropractic Board meetings when I can. I do IME and Peer Review, work with anyone that might help guide the profession, weed out or change behavior of those that tarnish the profession. We all need to clean our own house. If we as a profession do not clean the house, we may lose it.
NEW REQUIREMENTS FOR CHIROPRACTIC MEDICINE:
Section 460.406, F.S. – Licensure by examination:
(1)(e) Successfully completed the National Board of Chiropractic Examiners certification examination in parts I, II, and III, with a score approved by the board.
The board may require an applicant who graduated from an institution accredited by the Council on Chiropractic Education more than 10 years before the date of application to the board to take the National Board of Chiropractic Examiners Special Purposes Examination for Chiropractic, or
its equivalent, as determined by the board. The board shall establish by rule a passing score.
(5) A student in a school or college of chiropractic accredited by the Council on Chiropractic Education or its successor in the final year of the program may file an application pursuant to subsection (1), take all examinations required for licensure, submit a set of fingerprints, and pay all fees required for licensure. A chiropractic student who successfully completes the
licensure examinations and who otherwise meets all requirements for licensure as a chiropractic physician during the student’s final year must have graduated before being certified for licensure pursuant to this section.
Section 460.4062, F.S. – Chiropractic medicine faculty certificate:
(e)1. Has been offered and has accepted a full-time faculty appointment to teach in a program of chiropractic medicine at a publicly funded state university or college or at a college of chiropractic located in the state and accredited by the Council on Chiropractic Education; and
2. Provides a certification from the dean of the appointing college acknowledging the appointment.
(2) The certificate shall authorize the holder to practice only in conjunction with his or her faculty position at a publicly funded state university or college and its affiliated clinics that are registered with the board as sites at which holders of chiropractic medicine faculty certificates will be practicing. Except as provided in subsection (4), such certificate shall automatically expire upon termination of the holder’s relationship with the university or college school or after a period of 2 years, whichever occurs first.
Section 460.4165, F.S. – Certified chiropractic physician’s assistants:
(b) Under indirect supervision if the indirect supervision occurs at the Address of record or place of practice required by s. 456.035, other than at a clinic licensed under part X of chapter 400, of the chiropractic physician to whom she or he is assigned as defined by rule of the board;
(6) APPLICATION APPROVAL.—Any person desiring to be licensed as a certified chiropractic physician’s assistant must apply to the department. The application shall include a work-arrangement proposal and, as part of the application process, the board shall interview the proposed supervising chiropractic physician, whose license must not be encumbered or restricted,
and the applicant to determine whether the work-arrangement proposal provides for responsible supervision, as a condition of certification and approval of any subsequent changes in the supervising physician. The department shall issue a certificate to any person certified by the board as having met the following requirements:
(14) SUPERVISION OF CERTIFIED CHIROPRACTIC PHYSICIAN’S ASSISTANTS AT LICENSED CLINICS.—A certified chiropractic physician’s assistant certified under this section to perform services at a clinic licensed under part X of chapter 400 may perform those services only under direct supervision of the chiropractic physician to whom she or he is assigned.
Section 460.4167, F.S. – Proprietorship by persons other than licensed chiropractic physicians:
(1) No person other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that chiropractic physician may employ a chiropractic physician licensed under this chapter or engage a chiropractic physician licensed under this chapter as an independent contractor to provide services authorized by this chapter to be offered by a chiropractic physician licensed under this chapter, except for:
(a) A sole proprietorship, group practice, partnership, or corporation that is wholly owned by a physician or physicians licensed under this chapter, chapter 458, chapter 459, or chapter 461.
(b) Entities that are owned, directly or indirectly, by an entity licensed or registered by the state under chapter 395.
(c) Clinical facilities affiliated with a college of chiropractic accredited by the Council on chiropractic Education at which training is provided for chiropractic students.
(d) A public or private university or college.
(e) An entity that is exempt from federal taxation under s. 501(c)(3) or (4) of the Internal Revenue Code, any community college or university clinic, and any entity owned or operated by the Federal Government or by state government, including any agency, county, municipality, or other political subdivision thereof.
(f) An entity owned by a corporation the stock of which is publicly traded.
(g) A clinic licensed under part X of chapter 400 that provides health care services by physicians licensed under chapter 458, chapter 459, or chapter 460, the medical director of which is licensed under chapter 458 or chapter 459.
(h) A state-licensed insurer.
(2) No person other than a chiropractic physician licensed under this chapter shall direct, control, or interfere with a chiropractic physician’s clinical judgment regarding the medical necessity of chiropractic treatment. For purposes of this subsection, a chiropractic physician’s clinical judgment does not apply to chiropractic services contractually excluded, the application of alternative services that may be appropriate given the chiropractic physician’s prescribed course of treatment, or determinations comparing contractual provisions and scope of coverage with a chiropractic physician’s prescribed treatment on behalf of a covered person by an insurer, health maintenance organization, or prepaid limited health service organization.
(3) Any lease agreement, rental agreement, or other arrangement between a person other than a licensed chiropractic physician and a chiropractic physician whereby the person other than a licensed chiropractic physician provides the chiropractic physician with chiropractic equipment or chiropractic materials shall contain a provision whereby the chiropractic physician expressly maintains complete care, custody, and control of the equipment or practice.
(4) The purpose of this section is to prevent a person other than a licensed chiropractic physician from influencing or otherwise interfering with the exercise of a chiropractic physician’s independent professional judgment. In addition to the acts specified in subsection (1), a person other than a licensed chiropractic physician and any entity other than a sole proprietorship, group practice, partnership, or corporation that is wholly owned by one or more chiropractic physicians licensed under this chapter or by a chiropractic physician licensed under this chapter and the spouse, parent, child, or sibling of that physician, may not employ a chiropractic physician licensed under this chapter or enter into a contract or arrangement with a chiropractic
physician pursuant to which such unlicensed person or such entity exercises control over the following:
(a) The selection of a course of treatment for a patient, the procedures or materials to be used as part of such course of treatment, and the manner in which such course of treatment is carried out by the licensee;
(b) The patient records of a chiropractor;
(c) Policies and decisions relating to pricing, credit, refunds, warranties, and advertising; or
(d) Decisions relating to office personnel and hours of practice.
(5) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.081, s. 775.083, or s. 775.035.
(6) Any contract or arrangement entered into or undertaken in violation of this section shall be void as contrary to public policy. This section applies to contracts entered into or renewed on or after July 1, 2008.
The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.
AGENDA
Agenda Items are Subject to Being Taken up at Anytime During the Meeting
I. APPROVAL OF MINUTES:
1. August 23, 2007 – Rules Workshop 00001
2. August 24, 2007 – Full Board Meeting 00007
II. CERTIFY APPLICANTS FOR NOVEMBER 2007 EXAMINATION:
1. Complete List 00028
2. Special Applicants:
a. Eric M. Barbera, D.C. 00031
b. Lynne M. Benelli, D.C. 00051
c. Emilio Bisanti, D.C. 00075
d. Stephen W. Boyles, D.C. 00098
e. Kristy L. Carbonelli, D.C. 00119
f. Joseph J. Coffman, D.C. 00138
g. Judy C. Thompson, D.C. 00156
III. UPDATE – AHCA MEDICAL DIRECTOR INVESTIGATION – Ms. Kirby
IV. CHAIR/VICE-CHAIR REPORT:
1. Committee Assignments 00201
2. Discussion of Billing/Treatment of Family Members
3. Update on Accredited Chiropractic Specialty Recognitions
4. Future Agenda Items
V. EXECUTIVE DIRECTOR’S REPORT:
1. PRN Monthly Report – July 2007 00202
VI. BOARD COUNSEL’S REPORT:
1. Rules Status Report 00220
2. JAPC Correspondence – Rule 64B2-11.001, F.A.C. – Application for
Licensure Examination/Revised Rule Draft 00221
VII. COMMITTEE REPORTS:
1. Budget – Ms. Reynolds
a. Expenditures by Function for the Period Ending June 30, 2007 00223
b. Cash Balance Report for 12 Months Ending June 30, 2007 00224
c. Total Expenditures (Direct and Allocated) by Board for 12 Months Ending June 30, 2007 00227
d. Allocations to Boards by Source Organization and Category for 12 Months Ending June 30, 2007 00231
e. Discussion of Annual Budget Report 00242
2. CCPA – Dr. LaRusso
a. Ratification of Certified Chiropractic Physician’s Assistants 00251
3. Continuing Education – Dr. Vogel
a. Discussion of Practice Management Groups 00252
4. Credentials – Dr. Dougherty
5. Disciplinary Compliance – Dr. Wellikoff
a. Monthly Compliance Reports – July – August 2007 00253
b. Jeffrey Poritz, D.C. – Case Number 05-51274 – Termination of Probation 00256
6. Examination – Dr. Dougherty
a. Ratification of Licensure:
1. John Bundy, D.C. 00280
2. Nicholas Cammarata, D.C. 00281
3. Mark Chen, D.C. 00282
4. Stephanie Fallon, D.C. 00283
5. James Young, D.C. 00284
b. Memorandum – Eunice Filar, Ph.D., Psychometrician, Testing Services – NBCE Part IV Examination 00285
c. Memorandum – Jennifer Wenhold, MSW, Manager, Testing Services – Computer-Based Testing Vendor Change 00304
d. Correspondence from Horace C. Elliott, Executive Vice President – NBCE – National Boards 00305
7. Legislation – Dr. Dougherty
8. Probable Cause – Ms. Kirby/Dr. Wellikoff
a. Stats 00307
9. Rules – Dr. LaRusso
a. Discussion of Rule 64B2-16.0075, F.A.C. – Citations 00315
b. Discussion of Rule 64B2-18-0075, F.A.C. – Direct Supervision of Registered Chiropractic Assistant 00317
c. Discussion of Rule 64B2-18.008, F.A.C. – Delegation of Professional Responsibilities (Hand-out)
10. Unlicensed Activity – Dr. LaRusso
XIII. ELECTION OF OFFICERS
XIV. NEXT MEETING DATE – February 8, 2008
X. ADJOURNMENT
The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.
DISCIPLINE AGENDA I
Agenda Items are Subject to Being Taken up at Anytime During the Meeting
I. CALL TO ORDER (Roll Call):
Sal LaRusso, D.C., Chair Ken Dougherty, D.C., Vice-Chair
Gene Jenkins, D.C. Ms. Vicki Kirby
Ms. Linda Reynolds Trudi Vogel, D.C.
Ron Wellikoff, D.C.
WELCOME NEW BOARD MEMBER – Gene Jenkins, D.C.
II. FINAL ORDER ACTIONS:
1. Motion for Final Order by Stipulation (PRN):
a. Neil Brown, D.C. – Case Number 06-27251
PCP: Dougherty/Jenkins 00001
2. Motion for Determination of Waiver and Entry of Final Order Following Hearing (Default):
a. Steven Hasley, D.C. – Case Number 06-30190
PCP: Jenkins/Wellikoff 00071
b. Alex Petro, D.C. – Case Number 06-04095
PCP: Kirby/Wolfson 00143
3. Motion for Final Order Accepting Voluntary Relinquishment of License:
a. James Parsons, D.C. – Case Number 06-24254
PCP: Waived 00245
4. Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):
a. Jerald Jervis, D.C. – Case Number 03-05195
PCP: Kirby/Wolfson 00376
The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.
DISCIPLINE AGENDA II
Agenda Items are Subject to Being Taken up at Anytime During the Meeting
4. Motion for Final Order by Hearing Not Involving Disputed Issues of Material Fact (Informal Hearing):
b. Jerald Jervis, D.C. – Case Number 03-06631
PCP: Dougherty/Glisson 00001
c. Scot Sloan, D.C. – Case Number 06-16892
PCP: Dougherty/Jenkins 00468
5. Motion for Final Order by Stipulations:
a. Craig August, D.C. – Case Number 01-02918
PCP: Kirby/Wolfson 00592
b. Michael Badanek, D.C. – Case Number 04-50097
PCP: Kirby/Wolfson 00668
c. Todd J. Bodanza, D.C. – Case Number 06-42808
PCP: Kirby/Wolfson 00828
The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.
DISCIPLINE AGENDA III
Agenda Items are Subject to Being Taken up at Anytime During the Meeting
5. Motion for Final Order by Stipulations:
d. Dexter Dimarco, D.C. – Case Number 07-02774
PCP: Jenkins/Wellikoff 00001
e. Albert Ferrer, D.C. – Case Number 06-03188
PCP: Jenkins/Wellikoff 00050
f. David Gackstetter, D.C. – Case Number 06-04657
PCP: Dougherty/Jenkins 00106
g. Jeffrey Haskel, D.C. – Case Number 06-03187
PCP: Jenkins/Wellikoff 00162
h. Larry Hawkins, D.C. – Case Number 06-42720
PCP: Kirby/Wolfson 00207
i. James E. Hether, D.C. – Case Number 06-41962
PCP: Waived 00255
j. Russell S. Humphries, D.C. – Case Number 06-42929
PCP: Waived 00297
k. Jeffrey S. Leatherman, D.C. – Case Number 06-44073
PCP: Kirby/Wolfson 00350
Michael Lewis, D.C. – Case Number 06-03191
PCP: Jenkins/Wellikoff 00404
m. Mary Murphy, D.C. – Case Number 06-25008
PCP: Jenkins/Wellikoff 00461
n. Joseph A. Musa, D.C. – Case Number 06-41895
PCP: Waived 00522
o. Ralph Parenio, D.C. – Case Number 06-30960
PCP: Kirby/Wolfson 00551
p. Dana Parker, D.C. – Case Number 06-33863
PCP: Jenkins/Wellikoff 00589
q. Tanya Reynolds, D.C. – Case Number 05-69568
PCP: Kirby/Wolfson 00627
r. Michael J. Rodriguez, D.C. – Case Number 06-42683
PCP: Waived 00718
s. Angelo Rubano, D.C. – Case Number 06-41322
PCP: Waived 00768
t. Keith Schwartz, D.C. – Case Number 05-69081
PCP: Dougherty/Jenkins 00871
The Board of Chiropractic Medicine will hold a duly noticed meeting on Friday, November 2, 2007, commencing at 8:30 a.m. This meeting will be held at the Crowne Plaza, 7800 Universal Boulevard, Orlando, Florida 32819, (407) 255-0550, to which all persons are invited to attend.
DISCIPLINE AGENDA IV
Agenda Items are Subject to Being Taken up at Anytime During the Meeting
5. Motion for Final Order by Stipulations:
u. Todd Singer, D.C. – Case Number 06-09193
PCP: Jenkins/Wellikoff 00001
v. Scott R. Smith, D.C. – Case Number 06-44074
PCP: Kirby/Wolfson 00125
w. Paul Sorchy, II, D.C. – Case Number 06-02399
PCP: Jenkins/Wellikoff 00179
x. Sean Stringer, D.C. – Case Number 06-39161
PCP: Jenkins/Wellikoff 00234
y. Peter Vapnek, D.C. – Case Number 07-09104
PCP: Jenkins/Wellikoff (PULLED FROM AGENDA) 00412
z. Gregory A. Walsh, D.C. – Case Number 06-42685
PCP: Waived 00464
aa. Keith Warde, D.C. – Case Number 06-43347
PCP: Kirby/Wolfson 00515
6. Motion for Final Order by Recommended Order:
a. Robert Whitney, D.C. – DOH Case Number 01-12975 – DOAH Case Number 07-1153PL
PCP: Dougherty/Glisson/Sheldon 00585
7. Prosecution Report
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